NewGlue provides an online platform (the “Service”) that enables designers (“Designer”) to upload, create and sell their original visual identities, including logos (collectively “IDs”) and various other design assets for customers (including potential customers) (“Customer”). The Service also includes Customer to subscribe to NewGlue’s digital branding, design and other related services (“Digital Branding Services”) for a subscription fee. The Digital Branding Services provides Customers 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 Business Card layouts.
Buyers can use the Service to find an ID and related branded products in the Agency, 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 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 Customer, a Designer (or as both) or for any other purpose.
For any questions regarding this Agreement, feel free to contact our customer service as support@NewGlue.com
After Customer has purchased an End Product or has 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:Logo
Customer’s purchased logo in various forms and formats. You may use these products when producing content, both digital and physical.Fonts
The fonts included in Customer’s 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.Branded content
Depending on Customer’s 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.
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.
Customer accept sole responsibility for all of Customer’s activities using our Site, including content that Customer submit or share via NewGlue. Customer will not use our Services for any illegal purpose. Customer is responsible for ensuring that Customer 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 a Customer and /or 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.
Customer confirms and agrees to the following.
Offending Customer may be permanently restricted/terminated from holding an Account or using the Services. If NewGlue reasonably determines that your Account violates the Terms of Service, or 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.
Throughout the design process (using any Design Tools), Customer will be providing information to better create your End Product (“Customer Generated Content”), and Customer is responsible for all Customer Generated Content. Customer is solely responsible for the accuracy and appropriateness of Customer Generated Content; including however not limited to name, taglines and details. NewGlue will not be held responsible for inaccurate information and any potential damages caused by Customer Generated Content and Customer shall indemnify and hold NewGlue harmless from any claims attributable to Customer Generated Content.
Customer further understand that NewGlue may choose at its sole discretion not to maintain copies of files featuring your designs or End Products. NewGlue may also reject and/or remove and Customer Generated Content that NewGlue, in its sole discretion, regards as e.g. offensive, unappropriated or illegal.
Customer hereby grant NewGlue a worldwide, royalty-free, non-exclusive license to publish, reproduce and host the designs created by you including Costumer Generated Content using the Site, our Services and/or Design Tools, and warrant that you have all the rights necessary to grant us such license. Customer 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.
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.
The Customer shall pay the fee for the Services.
Subscription fees are payable in advance and may be monthly, annual and/or based on bundles of services. Customer may cancel an annual Pro Subscription (as defined on the Site) that does not include an ID within the first 30 days of the subscription and. After the first 30 days of an annual subscription, Customer may choose to terminate the subscription at any time by giving notice in writing to NewGlue, but Customer will not be entitled to a refund of any fees paid in respect of the subscription.
NewGlue reserves the right to change the prices on future subscriptions and subscription periods. Notifications of price changes will be given via the email provided by the Customer. By continuing to access and/or use the Site and/or the Services after such changes have entered into effect, the Customer accept and agree to be bound by the changes made.
NewGlue has the right, but not the obligation, to automatically renew the subscription for an additional subscription period at the end of each subscription period (the “Renewal Date”). The Customer hereby acknowledges and agrees that NewGlue may charge the payment method the Customer have chosen for the Account with the applicable subscription fee and any applicable taxes and government fees that may be imposed on the subscription fee, unless the Customer terminate the subscription prior to the Renewal Date. NewGlue may terminate your subscription at the end of each subscription period by providing written notice thereof via the e-mail address provided by the Customer. If the subscription is terminated, the Customer will have access and be able to use the Services until the end of the then-current subscription period.
In the event that the Customer at any time would fail to make a payment in full on the due date, NewGlue shall be entitled to claim interest on the amount overdue until payment is made in accordance with applicable law.
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.
Unless otherwise expressly stated, all prices and other amounts listed in this Agreement, on the Site or otherwise are exclusive of VAT or other applicable taxes and government fees, and the Customer is liable for paying any and all such applicable taxes and fees. The Customer further acknowledges and agrees that NewGlue may charge the Customer’s Account with such applicable taxes and fees.
It is Customer’s sole responsibility to conduct the appropriate research to confirm that the logo or design Customer is purchasing is not in use and/or does not fall under a third party’s patent, trademark or other proprietary right.
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 and Customer grants NewGlue an irrevocable, worldwide, royalty-free, non-exclusive license to publish, reproduce and host a logo. 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
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 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.
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.
Designer accept sole responsibility for all of Designer’s activities using our Site. Designer will not use our Services for any illegal purpose. Designer is responsible for ensuring that Designer does 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 a Designer and /or an Account is in violation of any of this Agreement or NewGlue’s policies.
Specifically, Designer agrees that Designer will not
NewGlue reserves 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:
Designer hereby agree and give permission that Designer’s 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 Designer waives all rights or claims against NewGlue or other users in connection with such funds.
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.
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.
Designer is paid i) a fixed one-time renumeration for a sold logo (“Success Fee”) and ii) a renumeration based on the subscription by a Customer (“Subscription Based Fee”).
The from time to time applicable Success Fee and Subscription Based Fee is displayed on the Site.
The Success Fee is payable 30 days following the purchase of a logo by the Customer. The Subscription Based Fee is payable 30 days after the receipt by NewGlue of the payment of the relevant subscription period from the Customer.
Money owed by NewGlue to Designer will be reflected in the Designer’s account. Payments are processed through PayPal and Stripe only. NewGlue will make the payment to the Designer’s PayPal or Stripe account on file at NewGlue. Designer is solely responsible for posting and maintaining their PayPal or Stripe account details at NewGlue. NewGlue will be under no further obligation to Designer in the event that a payment fails, is not received by the Designer or is not possible due to any error in Designer’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.
NewGlue may indefinitely delay payment to 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.
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 are obliged to enter your tax identification number or similar if demanded by NewGlue before using the Site. NewGlue will make payments to you in accordance with NewGlue’s view of the relevant tax laws governing your work. If NewGlue in its sole discretion is of the opinion that you are not a subject to business tax or if NewGlue is not able to determine your tax status, NewGlue has the right to make any necessary tax deduction etc. and pay to the relevant authority. If tax deductions etc. are made, NewGlue will pay out the residual amount to you.
NewGlue is not liable for any damages etc. that may arise as a consequence of tax deductions etc. made by NewGlue irrespective of if tax deductions made are deemed as incorrect.
If tax deductions etc. made by NewGlue are paid back to NewGlue, NewGlue will pay this amount to you.
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 licenses.
Copyright to any logo posted on the Site shall remain with the Designer who created the logo. Once a logo is sold, on a stand-alone basis or as part of a subscription, all intellectual property rights to the logo, including however not limited to the right to use, sell, license, change and re-sell, shall transfer automatically and immediately to the Customer. 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.
User agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled “Dispute Resolution”. User further agree to contact NewGlue directly before resorting to any of the procedures stated herein. This Agreement in its entirety is governed by the substantive laws of Sweden. User agree that any claim or dispute User may have against or with NewGlue will be resolved by the District Court of Stockholm, Sweden as the court of first instance. Any cause of action User may have with respect to NewGlue must be commenced within 30 (thirty) days after it arises, or the cause of action is barred.
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.
Should a relevant authority deem that the User is an employee of NewGlue, NewGlue has the right to terminate the employment and/or terminate the User’s use of the Site.
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.
“You” refers to the User in this section 9.
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. 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 Site includes a platform to allow Designers from anywhere to sell their logo designs to Customers 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. 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 cannot 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.
User 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 User’s use of the Site, including any use through User’s user account and including any payment obligations incurred through the use of the Site. This defense and indemnification will survive this Agreement and User’s use of the Site.
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.
NewGlue 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 User of this site to review this Agreement from time to time. User continued use of the Site and NewGlue’s services following changes to the agreement will constitute User acceptance of the revised Agreement. If User does not agree to the revised Agreement, do not continue to use the Site or the 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