This Agreement is effective on December 2, 2019.
NewGlue provides an online platform (the “Service”) that enables designers (“Sellers”, “Designers”, “Artists”) to upload, create and sell their original visual identities, including logos (collectively, ”IDs”) and various other design assets for customers (including potential customers) (“Buyers”, “Customers”, “Client”). Buyers can use the Service to find an ID and related branded products in the Brand Hub, such as letterheads and business cards (referred to herein as “Content”, and collectively, the “End Products”). The IDs have been created by provided by third-party graphic designers (“Sellers”, “Designers”, “Artists”) in NewGlue’s online design tools (“Design Tools”).
In this Agreement the term “User” shall refer to any person making use of the Site, the Design Tools or our Services, whether as a Client, a Designer (or as both) or for any other purpose.
The Service allows authorised Artists to create IDs in NewGlue’s Design Tool and publish them on the Site for sale. The Service also allows Users to purchase and download these IDs from the Site. By using NewGlue, each Artist grants Users the right to use the Artist’s Content for both personal and commercial use once the ID is purchased.
The Service also enables Clients to subscribe to NewGlue's digital branding, design and other related services (“Digital Branding Services”) for a subscription fee. The Digital Branding Services provides Clients with access to NewGlue's Design Tools (as well as third party content, products and services), to help create branded designs, content and products (which shall also be referred to as “Digital Branding”, “Content” and/or “End Products” in this Agreement) such as, for example, digital marketing materials and PowerPoint layouts.
2. Third Party Design Resources
You may use purchased End Products outside of the Site, whether for commercial or personal purposes, subject to the terms of this Agreement. Prior to creating and using any End Product, NewGlue highly recommends you to perform due diligence to determine that the design resources used in relation to any Content or End Products (“Design Resources”) are free from any adverse claims and are not subject to any third party rights. Icons used in logos have been created by third party Designers and may be subject to contract with NewGlue, but it is not possible for NewGlue to verify the rights pertaining to every Design Resource. You shall not license, sub-license, rent, gift, lend, assign, sell or otherwise transfer or distribute for any purposes whatsoever any portion of these Design Resources without the express prior written consent from NewGlue, other than the End Product in relation to which you may transfer your rights to a transferee in connection with a sale of all or substantially of all your assets to the same transferee. You acknowledge that some fonts, content, designs and/or templates available through the Design Tools might have been licensed from a third party provider. Under no circumstances will NewGlue be held liable in any way for any Design Resources, including, but not limited to, for any loss, damage or claim of any kind incurred as a result of the use of any Design Resources, Design Tools, Content or End Products or any part thereof. You agree that you must evaluate, and bear the risks associated with, the use of any Design Resources, including, without limitation, the existence of any third party rights that may exist in such resources.
After you have purchased an End Product or if have a current subscription for any Services, we will provide you with access credentials to a personal account on the Site (the “Account”). You will be able to download products from your Account that are included in the purchase of the End Product or the subscription for Services (as applicable). These products may include:
Your purchased logo in various forms and formats (PNG and SVG formats). You may use these products when producing content, both digital and physical.
The fonts included in your purchased logo will be available to you for download. These fonts have been created by third-party graphic designers (see Paragraph 2. Third Party Design Resources),and are not exclusive to you.
Depending on your purchase or subscription (as applicable) there may be several formats of digital branded Content available to you. For example, it may include a front cover for business cards, letterhead, mobile background, computer wallpaper, Facebook banner, Instagram photo, Linkedin banner, Twitter background, PowerPoint templates, website templates and more. You may use the End Products made available to you on any personal or commercial platform. Under no circumstances will NewGlue be liable in any way for any misuse of these End Products. It is your own responsibility to check the quality of these End Products, both digital and in case of printing. More branded Content may be added to your Account and made available for use by you. We reserve the right, at our sole discretion, to change from time to time the Content and End Products that may be made available for purchase or subscription through the Site. The terms of this Agreement (as amended and updated by NewGlue from time to time) will apply to any and all future End Products available on your Account.
Third party content, products and services
Note that the Site and the Services may provide you with links or access to third party content, products, services and/or websites from time to time which are not owned or controlled by NewGlue, and for which NewGlue shall not be responsible. Your use (including any purchase) of such third party content, products, services and/or websites will be subject to terms and conditions of the relevant third party, which you should read carefully before accepting. NewGlue does not endorse or approve any such third party content, products, services and/or websites.
4. Accessing your account
You agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement. Throughout the design process (using any Design Tools), you will be providing information to better create your End Product, and you are legally responsible for all information that is used to create your End Product. NewGlue is not responsible for the content you provide in relation to the End Product. You hereby grant NewGlue a worldwide, royalty-free, non-exclusive license to publish, reproduce and host the designs created by you using the Site, our Services and/or Design Tools, and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or End Products that may be lost or unrecoverable through your use of the Services. You are encouraged to archive or keep your own copies of your End Products regularly and frequently. You are solely responsible for the accuracy and appropriateness of all data relating to and content of your End Products, logos and brands; including name, taglines and details. NewGlue will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that NewGlue may choose at its sole discretion not to maintain copies of files featuring your designs or End Products.
5. Client Use Of The Site
You accept sole responsibility for all of your activities using our Site, including content that you submit or share via NewGlue. You will not use our Services for any illegal purpose. You are responsible for ensuring that you do not violate any applicable laws, including but not limited to copyright, IP, trademark, design and patent laws. NewGlue may determine in its sole discretion whether or not an Account is in violation of any of this Agreement or NewGlue’s policies. Violations may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If NewGlue reasonably determines that your Account is being used for illegal or fraudulent activity, your Account may be immediately terminated. We may also report you to law enforcement officials in appropriate jurisdictions.
In addition, you agree to all of the following:
1. You hereby confirm that you are at least 18 years of age and will not use the Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
2. You will not imply or claim that you are affiliated with or endorsed by NewGlue.
3. You will not access the Services or the Account by any means other than through the interfaces provided by NewGlue and you will not attempt to or actually override or sabotage our security. In addition you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on NewGlue’s infrastructure.
4. You agree that NewGlue shall not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking on any third party links appearing on our Site.
5. You will not create End Products that are: pornographic, sexually explicit, violent, racist, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.
6. You agree not to use any NewGlue.com feature to transfer or distribute computer viruses, malware or harmful code, in its broadest definition.
7. You agree not to create derivative works from logos or any other content found on the Site that you have not purchased.
8. You agree not to copy, modify, or distribute content from the Site that you have not purchased and/or our copyrights and trademarks.
9. You agree not to reverse engineer or attempt to reverse engineer the NewGlue algorithm, systems, Design Tool, Services, processes or any other part of the Site.
6. Designer Use Of The Site
You hereby agree that you will use the NewGlue website and any related services only for lawful purposes.
Specifically you agree that you will not:
- submit logos to NewGlue that are also available for sale anywhere else online, unless an alternative agreement has been reached with NewGlue;
- register under a false name;
- provide invalid or unauthorized contact information;
- access another user's account without permission;
- submit logo designs to NewGlue that are not your own, unique and original creations;
- impersonate another user or participate under a false name;
- violate any laws, third party rights, or our rights;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory, libelous or illegal content;
- take any action that may undermine the feedback systems;
- take any action that may undermine the ratings systems;
- use any NewGlue.com feature to distribute spam, in its broadest definition;
- use any NewGlue.com feature to transfer or distribute computer viruses, malware or harmful code, in its broadest definition;
- place (in our sole discretion) an unreasonably large load on our server(s) or other technical infrastructure;
- copy, modify, or distribute content from the Site and/or our copyrights and trademarks;
- create derivative works from logos or any other content found on the Site;
- harvest or otherwise collect information about users, including email addresses, without their consent; or
- reverse engineer or attempt to reverse engineer the NewGlue algorithm, systems, Design Tool, Services, processes or any other part of the Site.
We reserve the right to report any unlawful or fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
We reserve the right to, at our sole discretion and on any violation, remove all logos uploaded by a designer, confiscate all funds in a designer's account, close the account and permanently block the designer from using the Site should the designer sell or attempt to sell:
- another's copyrighted material through the Site; or
- material that is substantially copied from another's copyrighted material or material that we reasonably suspect to be subject to third party copyright or intellectual property rights; or
- any material that is also offered for sale or published elsewhere on the Internet, even if it is the designer's own work; or
- any material that constitutes or contains illegal images or conent of any kind.
You hereby agree and give permission that your funds confiscated in the above manner and for any of the above reasons shall be used to issue refunds to clients where appropriate and the remainder shall be forfeited and you waive all rights or claims against NewGlue or other users in connection with such funds.
By submitting any information or material to the Site:
- You agree that NewGlue may publish such information or material on NewGlue's Site, other properties, social media, in print, etc.
- You agree that logos sold through NewGlue's Site may be retained on NewGlue's Site indefinitely and that you will lose the ability to delete a logo once it has been sold.
- You declare that you understand and accept the inherent risk that information/material you submit to NewGlue may result in discussion/comments from NewGlue or other users which you may find offensive or which you may experience as harmful to you, in which event your only recourse will be to remove your information/material from the site.
7. Reservation of Rights
We retain the right, but do not have an obligation, in our sole discretion, to stop/prevent/remove any project or transaction or to remove any user submitted material, at any point, for any reason.
We retain the right, but do not have an obligation, in our sole discretion, to prevent access to our Site at any point, for any reason.
NewGlue does not endorse any logo submitted by designers to the Site. While each logo is approved by NewGlue before it is published on the site, NewGlue cannot and does not guarantee that such logos are not in violation of existing copyrights, intellectual property rights, trademarks, trade names or any other third party rights to the material.
NewGlue does not endorse any opinion, advice or recommendation expressed by Users.
NewGlue expressly disclaims any and all liability in connection with content submitted to it by its users, even when such material was approved for publication by NewGlue.
No community review feature or similar system shall create an obligation for NewGlue to accept or reject user submitted material based on the acceptance/rejection thereof by the user community, nor will NewGlue be under any obligation to motivate or make public its selection processes, systems or criteria for selecting user submitted material for publication on the site. Approval for publication of any material on the site remains at the discretion of NewGlue staff.
We retain the right, but do not have an obligation, in our sole discretion, to reject user-submitted content, at any point (including after it was initially accepted for publication), for any reason. We will not be obligated to offer a reason or explanation for our decision to accept or reject user-submitted content.
We retain the right, but do not have an obligation, in our sole discretion, to retain sold logos and digital branding on the site indefinitely. Sold logos and digital branding form part of our "collective portfolio" that serves to showcase what NewGlue and Designers can do. We may remove, delete or archive sold logos and digital branding at our discretion.
NewGlue has a zero-tolerance policy for violations of copyright or intellectual property. We retain the right in our sole discretion to take whatever steps we deem necessary to prevent the submission of designs that infringe on the rights of third parties. Any and all obligations NewGlue has towards a designer shall cease immediately and entirely once a designer uploads a design to NewGlue where the design constitutes, in our sole discretion, a clear violation of third party rights.
We retain the right to charge designers a commission on logo sales and we retain the right to revise the commission percentage and/or the commission structure from time to time, at our discretion. Any changes to the commission percentage or structure will be published on the site, in advance.
We retain the right to take any action that we, in our sole discretion, deem necessary to protect ourselves, the integrity of the NewGlue systems and its reputation. Actions include without limitation suspension, termination, confiscation of funds, banning Users from the Site and/or legal actions.
8. Legal Relationships and Obligations
We may use the Site ourselves to buy and sell logos under the account name "NewGlue". Furthermore, NewGlue staff may participate in their private capacities. The NewGlue account and NewGlue staff accounts shall function as normal User accounts and receive no preferential treatment.
Designers agree to behave in a professional manner in all their dealings with NewGlue, with other Designers and with Clients. We reserve the right to suspend any User's account for unprofessional conduct. If a Designer (at any point and in our sole discretion) displays unprofessional conduct when dealing with a Client, NewGlue will have the option to re-assign the project to a NewGlue staff designer. For the purpose of this agreement, Designers agree that professional conduct towards a Client shall include, but not be limited to treating Clients fairly, treating Clients with respect, refraining from the use of foul language and name calling anywhere on the Site, refraining from arguing with the Client wherever possible and doing their utmost to resolve conflict speedily and to the satisfaction of the Client.
NewGlue is an English medium website. Designers acknowledge that a basic proficiency in the English language is a requirement for the successful completion of any design project.
Each User is fully and solely responsible for satisfying all tax, governmental reporting and any other legal requirements in their own countries/jurisdictions.
No agency, employee-employer relationship, joint venture, franchise or partnership is intended or created by this Agreement.
You hereby agree that you are solely responsible for any content that you upload to the Site and any consequences of uploading such content. By uploading logo designs or any other content to the Site you affirm, represent and/or warrant that you are legally entitled to use, share and (if applicable) sell such content. NewGlue may, at the first or any offence, close your account, delete all your work from our Site and/or databases, confiscate any funds in your account and permanently block you from selling logo designs at the Site, should you be found to, at the sole discretion of NewGlue, offer for sale any material that you are not legally entitled to sell or have submitted any material that you are not legally entitled to submit to NewGlue or the Site.
When a logo is sold or when client feedback is received NewGlue will email an automated notification to the designer. The email address on file at NewGlue will be used for this purpose. NewGlue may choose to send follow-up emails to non-responsive designers, but will not be obligated to do so.NewGlue cannot and does not guarantee that any emails will be sent, received or delivered successfully. Designers are advised to sign into their NewGlue accounts regularly to view their sales and respond to their clients if needed. Reliance on email notifications from NewGlue will be at the Designer's own risk.
NewGlue allows Users to pause their accounts for up to thirty (30) days. The pause feature will hide User submitted logos from potential Clients. NewGlue has the option, but not the obligation, to automatically or manually "un-pause" any account that has been paused for more than thirty days. NewGlue is not required to notify designers when an account is un-paused. Designers who wish to maintain a paused account for more than 30 days may do so by logging in every 30 days, un-pausing and then re-pausing the account.
NewGlue requires that Designers supply their real name and surname for the purpose of copyright transfer in the event of a sale. NewGlue has the option to request that Users verify their information by submitting identifying documentation as determined by NewGlue. Failure to supply a real name and surname or failure to provide satisfactory identifying documentation when requested may result in account suspension, delays in payment and/or the removal of the Designer's logos from the Site.
NewGlue offers a feature that allows prospective clients to contact designers through the site. This feature is disabled by default. Designers who elect to enable the contact feature acknowledge that this may result in an increase in unwanted emails, including "spam" and potentially harmful content. NewGlue does not actively monitor or filter messages sent through this feature and will not be held accountable for loss or damage suffered as a result of the use of this feature. Designers who enable it do so at their own risk.
Logos purchased from NewGlue may be used for any purpose and may be resold on NewGlue, directly to a client or through any other service. However, if a logo purchased from NewGlue is entered in a logo contest or logo competition, you (1) agree to properly attribute the logo to the designer who created the logo and you (2) agree that NewGlue will be under no obligation to issue a refund to you in the event that the logo is not the winning entry in the logo contest/competition, even if all other conditions for the refund has been met.
If you purchase a logo or other End Products from NewGlue.com you agree to the terms of the refund policy in full, as linked to from this document in the Supporting Documents section. NewGlue will be under no obligation to issue a refund unless all refund conditions are met. Specifically, once a logo revision is made and/or approved, a refund is no longer possible. This limitation is designed to protect designers against fraud and explicitly also applies if the final logo files were not downloaded by the buyer. By making/approving the logo review, you expressly agree that the contract is fulfilled with immediate effect and you expressly waive any right to a withdrawal period.
9. Fees and Payments
There is no cost to browsing the Site or to uploading logo designs on the Site. We may also make limited features of the Design Tools available to you from time to time without charge. However, if you desire to use the End Products or access other features of the Design Tools, you will be subject to payment of one-time-fees or recurring subscription fees, as determined from time to time by NewGlue in its sole discretion and as notified in relation to such End Products or Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools, or use any of NewGlue’s End Products outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. You hereby acknowledge and understand that additional services or End Products that may be introduced in the future may be subject to additional fees. All Fees paid are non-refundable. If you purchase any Services or End Products that we offer for a Fee, you agree to NewGlue storing your payment information. You expressly agree that we are authorized to charge you (i) the stated Fee, (ii) any other Fees for End Products and Services you may purchase, and (iii) any applicable taxes in connection with your purchase of the End Products and use of the Services, to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. NewGlue retains the right to charge designers a commission on logo sales and the right to revise the commission percentage/structure from time to time.
You understand that additional services or End Products that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that NewGlue reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such a change takes place.
One Time Fee Refunds
One time End Product fees are non-refundable. If a User has reason to believe that he/she/it was charged on error he/she/it may provide a written notice to our Customer Support and request to cancel his/her/its Fee. When eligible and in relation to purchased IDs only, Fee cancellation can be performed by Customer Support only up to a period of 7 days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the NewGlue Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, any violation of this Agreement and/or improper usage of the NewGlue Design Tools or the Site.
Subscription fees are payable in advance and may be monthly, annual and/or based on bundles of services. You may cancel an annual subscription within the first 30 days of the subscription and, provided that the End Products associated with the subscription have not been downloaded or used outside of the Site, we shall refund the relevant subscription fee paid. After the first 30 days of an annual subscription, you may choose to terminate your subscription at any time by giving notice in writing to us, but you will not be entitled to a refund of any fees paid in respect of the subscription.
Taxes and Currencies
All Fees on the NewGlue Platform shall be deemed to be in U.S. Dollars, except when and as specifically stated otherwise in writing by NewGlue. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. NewGlue shall not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products. NewGlue may be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees if applicable.
- if the User decides to contact his or her bank or credit company to reverse or otherwise reject the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of the User fee payment obligations, and their use of the NewGlue Services may be automatically suspended and/or terminated. In such case, NewGlue reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized designs or content in the Site (including without limitation the Design Tools). Access to the User account shall not be regranted until the User pays all applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by NewGlue, we encourage you to first contact NewGlue’s Customer Support team before filing a Chargeback. NewGlue reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to NewGlue.
- from time to time, and at its own discretion, NewGlue might offer Design Vouchers for sale ("Design Vouchers"). Such Vouchers allow the Customer to purchase End Products or Services for a discounted price ("Design Vouchers Redemption"). Such Design Vouchers might also include an expiration date that would allow the Customer to utilize them after the date they were initially purchased ("Design Vouchers Expiration Date"). Design Vouchers will not be redeemable after the Design Vouchers Expiration Date and NewGlue will not offer a refund for any Unused Design Vouchers after the Design Vouchers Expiration Date. All Vouchers fees are non-refundable. If a User has reason to believe that he/she/it was charged on error he/she/it may provide a written notice to our Customer Support and request to cancel his/her/its Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 7 days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the NewGlue Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, any violation of this Agreement and/or improper usage of the NewGlue platform or Site. When utilizing a Design Vouchers after the date it was initially Purchased, the Customer acknowledges that the contents and names of End Products, Bundles, and Services may change over time and may not match the ones originally offered. In such instances the Customer is encouraged to contact NewGlue and NewGlue, at its discretion in accordance with its Terms and Conditions, will supply the Customer with an End Product or Service of similar retail value or offer a refund.
- from time to time, and at its own discretion, NewGlue might offer Account Credit to reward or compensate Users for actions such as referring other Users to the Site and the Service ("Account Credit"). Such Account Credit can only be used to reduce the prices of Services on the Site and can not be counted towards any transactions outside the Site ("Account Credit Redemption"). Earned Account Credit from making such referral will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credit will not be redeemable after the Expiration Date. At no case will NewGlue offer any refund or compensation for any Unused Account Credit. When utilizing Account Credit, the Customer acknowledges that the contents and names of End Products, Bundles, and Services may change over time and may not match the ones originally offered on the Site.
Designers agree that the price of each logo displayed on the Site shall be the full price of the logo. At no point shall additional compensation or royalties of any kind be due to you by NewGlue or by the Buyer of the logo with respect to the logo purchased. Designers may charge an additional fee, as determined by the Designer, for additional work that goes beyond the normal service NewGlue provides to its Clients. Any additional fees must be clearly stated by the Designer and agreed to by the Client beforehand. Unless the Client requests additional work from NewGlue directly, such additional work is beyond the scope of NewGlue's standard service offering and beyond our control and must therefore be agreed upon and completed between the Client and the Designer.
NewGlue may charge clients an administration fee if it, at any point and in its sole discretion, deems such a fee necessary to fund the operation of the NewGlue website.
Money owed by NewGlue to Users will be reflected in the User's account balance from where the user can request a payout of the funds. Payments are processed through the PayPal and Stripe service only. NewGlue will make the payment to the User's PayPal Stripe account on file at NewGlue. Users are solely responsible for posting and maintaining their account details at NewGlue. NewGlue will be under no further obligation to Users in the event that a payment fails, is not received by the User or is not possible due to any error in the User's NewGlue account information or due to the absence of a valid, correct PayPal or Stripe account. For the avoidance of doubt, NewGlue may at its sole discretion change from time to time the payment services used on the Site, and the preceding sentence shall apply to any such changed payment services.
The User account balance may be reduced at any time by NewGlue for chargebacks or refunds. NewGlue may, at any time, recover from the User's account balance any amount owed by the user to NewGlue or such amounts as necessary to compensate NewGlue for any loss that it determines, in its sole discretion, it has suffered due to the User's breach of this Agreement.
Users may at any time request a payout. When a payout is requested NewGlue will transfer the funds to the User's PayPal or Stripe account during the next pay cycle, provided that the User's account is not suspended or found to be in violation of this Agreement.
NewGlue is not an escrow service and does not hold property on behalf of Users. If a payment to a Designer fails to be made by NewGlue, for whatever reason, the payment will be moved forward to the next pay cycle. If the payment continues to fail for twelve or more pay cycles or for twelve or more months, whichever comes first, NewGlue will consider the funds unclaimed and the Designer will forfeit the payment. The Designer agrees to make no further claim against NewGlue for funds forfeited.
When a User's account shows a negative balance for any reason whatsoever, NewGlue may request that the User submit payment to NewGlue equal to the negative account balance. Failure to promptly submit such payment to NewGlue may result in the account being suspended. In addition, NewGlue reserves the right and will have the option to, in its sole discretion, collect such funds from a User's future earnings on NewGlue.
The User account balance may be reduced at any time by NewGlue for processing fees related to transactions on that account. Processing fees are determined and charged by third party suppliers and are beyond the control of NewGlue. Designers authorize NewGlue to deduct any fees necessary to ensure that NewGlue does not suffer a net financial loss in any transaction. NewGlue will not be obligated to offer explanation or justification for deductions over and above the general fee structure set out in this Agreement.
NewGlue will not make payments to designers until a logo is sold.
First payouts to new designers will be delayed for 30 days. Once a designer has at least one prior payment this delay will no longer apply.
NewGlue may indefinitely delay payment to a designer should it, in its sole discretion, perceive an increased risk of fraud, a refund or a chargeback associated with one or more of the transactions contributing to the positive account balance.
In the event of a chargeback, NewGlue may deduct any fees related to the chargeback from the designer's balance or, in the case of a zero balance, from the designer's future earnings.
NewGlue offers designers the option to specify, edit and bulk edit the prices of their unsold logos.NewGlue cannot and does not guarantee that these editing features will always work as expected. It is the sole responsibility of the designer to confirm that their logo prices are correct after uploading and after applying changes and to frequently inspect their unsold logos to ensure that the prices are correct. If a logo sells at a price other than what the designer intended, the designer will remain obligated to deliver the logo to the buyer and the designer will not be eligible for damages or additional compensation from the buyer or from NewGlue, even in cases where an error in the NewGlue system is shown to be the cause.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY (OR ANY THIRD PARTY CONTENT, PRODUCTS, SERVICES OR WEBSITES), OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE, CONTENT, END PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, BE COMPLETE, UNINTERRUPTED OR ERROR-FREE. OPERATION OF THE SITE AND/OR OUR SERVICES MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL AND NEWGLUE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM SUCH EVENTS. TO THE FULLEST EXTENT LEGALLY PERMITTED, NewGlue, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Release of Liability
You will not hold NewGlue, its officers, directors, employees or agents responsible for the actions of other users on the Site, including any content uploaded by other users. You acknowledge that NewGlue does not function as a traditional auctioneer and that NewGlue does not verify that all user uploaded material is safe to download or access. You acknowledge the potential danger inherent in downloading or accessing material from the Internet and agree that any material that you download or access from or through the Site, including but not limited to material that you paid for, shall be accessed and/or downloaded at your own risk. The NewGlue Site includes a platform to allow designers from anywhere to sell their logo designs to clients from anywhere. We have limited control over and do not guarantee the quality, safety or legality of any product or service offered on the Site, the accuracy of any user information published on the Site, the ability of any designer to deliver services offered or that any User will complete a transaction. Each designer and client must look solely to each other for performance of the rights and obligations stipulated in this Agreement. Advice (legal or otherwise) or information provided by NewGlue, its employees or any User of the Site is given without guarantee. Acting on advice or information provided on the Site shall be at your own risk. If you have a dispute with another User, you hereby release NewGlue, its officers, directors, agents, subsidiaries, joint ventures, parent company, and employees from all claims, demands and damages, actual and consequential, of any nature, known and unknown, arising out of such dispute or in any way whatsoever connected with such dispute. You will not hold us liable to you or any other User for any loss of profits, loss of business opportunities, loss of goodwill or of reputation, or for any special, indirect, consequential loss or punitive damages arising under or in connection with this Agreement, even where NewGlue was specifically advised of the possibility of such loss or damages. NewGlue is offered from and controlled from Sweden. We can not and do not guarantee that the Site will be available or suitable in any other jurisdiction or that our content, processes, methods and agreements will be lawful in all jurisdictions. Those users who access the site from other jurisdictions are solely responsible to comply with local laws. Notwithstanding any other provision or clause contained in this Agreement, in no event will our liability to you exceed the greater of (i) 1000 SEK or (ii) the total fees paid by you to NewGlue in the three months preceding the event or action that gave rise to the liability.
You agree to defend, hold harmless and indemnify NewGlue, its officers, directors, employees, related companies, affiliates and agents from and against any loss, damage, cost, expense or any other liability (including reasonable attorney's fees) incurred by us in relation to any loss, damage, cost, expense, claim, demand or action brought against us by a third party in connection with your use of the Site, including any use through your user account and including any payment obligations incurred through the use of the Site. This defense and indemnification will survive this Agreement and your use of the Site.
13. Intellectual Property
NewGlue and/or its licensors retain all the intellectual property rights in the Site, the Design Tools, the End Products and the Services. Unless expressly stated in this Agreement, NewGlue does not grant Users any rights to, or in, copyrights, design rights, patents, database rights, trade names, trade marks or service marks (whether registered or unregistered), or any other intellectual property rights or proprietary rights or licences.
Copyright to any logo posted on the Site shall remain with the designer who created the logo. Once a logo is sold, the copyright shall transfer automatically and immediately to the buyer. The designer shall make no further claims of copyright to the sold logo nor charge any additional fees for copyright transfer of the sold logo.
During the logo design process in NewGlue’s Design Tool, the designer agree to treat all designs as confidential. Once the logo is finalized, both the designer who originally created the logo and NewGlue shall have a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display sold logos in their respective portfolios, in the widest sense of the word, in any medium they choose, unless the client contacted NewGlue beforehand and all parties have agreed to further confidentiality.
When you submit content to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to display such content on the Site or any other media and to, at our sole discretion, create derivative works of the content in order to meet client requirements when a sale takes place.
You may not use, reproduce or distribute any of the content on the Site, including but not limited to logos uploaded by users and designs available through the Design Tools, in any medium, for any purpose, without the prior written consent from NewGlue, its legal representative or the owner of the content in the case of user submitted content.
It is possible to place an order for a logo while one or more other users are in the process of ordering the same logo. In such cases NewGlue shall refund all except the first order to reach us. Once a transaction completes the purchased logo is no longer for sale.
The NewGlue name and logo are trademarks of NewGlue AB. User submitted content, including but not limited to logos and designs offered for sale, are the property of and may be trademarks of the respective users.
This Agreement prohibits Users from uploading content that infringe on any third party rights. Whilst NewGlue may manually screen logos and designs before they are uploaded to the site, NewGlue may act as the "middleman" between Buyers and Sellers and as such it shall have no obligation to perform trademark, service mark or copyright searches or inquiries of any nature, in order to verify the propriety rights or legality of any logo or design offered for sale. It is the Buyer's sole responsibility to conduct the appropriate research to confirm that the logo or design he or she is purchasing is not in use and/or does not fall under a third party's patent, trademark or other proprietary right. If you believe that your rights have been violated by any material posted by a User, please notify us at legal@NewGlue.com
When you post a logo for sale on the Site, you expressly declare that the logo is an original creation, created by you in its entirety, without the aid of templates, vector stock, clipart, dingbats or any other pre-made elements that were not created by you. You agree that, should your logo buyer register the logo as a trademark and the trademark registration should fail due to the prior existence of a similar mark, you will work with the buyer to make the necessary changes to the logo as instructed by the buyer, up to a maximum of ten (10) revisions of the logo, and that you will not charge the buyer an additional fee for such revisions.
When you submit a design request or design idea to the Site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to reproduce and/or display your request/idea publicly on the Site or any other media.
We will communicate with you using your email address on file or by posting communications on the Site. The email address on file is the email address provided during the registration process and may be updated by the user under Email Preferences. You agree to receive communications from us electronically and you agree that such communications will satisfy any legal requirement that such communications be in writing. Any communications emailed to you will be considered to have been received 1 (one) day after it was sent. Any legal notice delivered to you via email will be considered to have been received 3 (three) days after it was sent. Any notices to us intended to have a legal effect concerning this Agreement must be delivered in writing to legal@NewGlue.com.
15. Dispute Resolution
You agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled "Dispute Resolution". You further agree to contact us directly before resorting to any of the procedures stated herein. This Agreement in its entirety is governed by the laws of Sweden. You agree that any claim or dispute you may have against or with NewGlue will be resolved by the District Court of Stockholm, Sweden. Any cause of action you may have with respect to NewGlue must be commenced within 30 (thirty) days after it arises, or the cause of action is barred. Should you file a claim contrary to this section entitled "Dispute Resolution" we will be entitled to recover attorney's fees and costs from you up to 700,000 SEK, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.
17. Changes to Agreement
We may revise this Agreement at any time. Changes to the Agreement will become effective when they are posted on the Site. It is the responsibility of each user of this site to review this Agreement from time to time. Your continued use of the Site and our services following changes to the agreement will constitute your acceptance of the revised Agreement. If you do not agree to the revised Agreement, do not continue to use the Site or our services. You are solely responsible for compliance with local laws, keeping in mind that this service is based in Sweden and that accessing this site and its contents may not be legal for all persons in all countries. No delay or omission by us in exercising our rights or remedies under this Agreement will be construed as a waiver of such rights or remedies. Any single or partial exercise of a right or remedy shall not preclude further exercise of rights or remedies. If any part of this Agreement is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder of the Agreement will remain in full force and effect. You will not transfer or delegate your rights, responsibilities or your account without prior written consent from us. We may assign this Agreement without restriction. This Agreement, together with the supporting documents as stipulated, comprises the entire agreement between you and us and shall supersede any prior agreement between the parties.
18. Headings and Highlighting
The boldface headings, boldface text and text color(s) used in this Agreement are intended to aid legibility only and shall have no binding effect.
19. Customer Support
For any questions regarding this agreement, feel free to contact our customer service as