Jimdo Logo Creator Terms of Use
Important Notice: Please be aware that for plan upgrades and purchases made after 07.02.2022, the new Jimdo Terms and Conditions of Service apply.
More information on the new Terms and Conditions of Service, which collate all individual product terms on the one page, can be found here.
For all upgrades or purchases made prior to 07.02.2022, the following Individual Product Terms apply, unless you have already accepted the new Jimdo Terms and Conditions of Service.
1. General
1.1 These Terms of Use apply to the “Logo Creator” online service provided by Jimdo GmbH, Stresemannstr. 375, 22761 Hamburg, Germany (hereinafter referred to as “Jimdo”), which Jimdo users (i.e. users who have set up a Jimdo account, hereinafter referred to as the “Jimdo User” or the “User”) can use to create, edit and download a logo on the Jimdo platform.
1.2 The current valid version of these Terms of Use can be accessed and printed out from here.
1.3 The contractual language is English.
1.4 The services are exclusively provided on the basis of these Terms of Use. If creating a logo using the Logo Creator is part of a package, the Terms and Conditions of Service of Jimdo GmbH shall also apply. The inclusion of deviating Terms and Conditions of Service of a User are hereby excluded.
2. Contract conclusion
2.1 In order to use the services of the Logo Creator the Jimdo User must set up a free Jimdo account or have an active Jimdo account; the Terms and Conditions of Service of Jimdo GmbH also apply. Should the Terms and Conditions of Service of Jimdo contain provisions which contradict the Logo Creator Terms of Use, the provisions of the Logo Creator Terms of Use shall have precedence.
2.2 By clicking on the “Download for free” button a contract will be concluded with Jimdo regarding the free usage of the created logo after the completion of the design process.
3. Scope
3.1 The Logo Creator provides the User with certain symbols/icons (“Symbols”), fonts, colors and other design elements (collectively with the Symbols or individually referred to as “Design Elements”) which the Jimdo User can use to create and customize their own logo in a modular system. The User can access their created logo via the Jimdo account.
3.2 The Symbols are made available by Jimdo or a third-party provider (such as Noun Project) where the Symbols are obtained from the respective copyright holders.
3.3 Jimdo may offer various versions of the Logo Creator. All free logos which are created on the Jimdo platform using the Logo Creator will be made available in a standard format in the dashboard of the Jimdo account and can be downloaded from the Jimdo account.
3.4 Jimdo is free to discontinue the free usage of the Logo Creator at its own discretion with future effect or to offer the Logo Creator as a chargeable service in the future.
3.5 Jimdo is not obligated to assess the logos created with the Logo Creator for potential legal infringements. Jimdo has the right (but is not obligated) to reject or remove content created using the Logo Creator from its websites at its own discretion.
3.6 Sections 9.2 and 9.3 of Jimdo's Terms and Conditions of Service apply regarding the availability of the service.
4. Duties and cooperation obligations of the User
4.1 The User shall observe the necessary due diligence when using the Logo Creator. In particular, the User is obligated to regularly back up their data, especially their created logo, so that the User can restore these in the event of loss or the justified blocking of the User's Jimdo account. Jimdo is not liable for the loss of data, unless this was caused by the gross negligence or intentional act or omission of Jimdo.
4.2 The User is prohibited from carrying out any action with the logo or Design Elements created via Jimdo which breaches these Terms of Use and/or applicable law or infringes the rights of third parties. When creating and using their own content in conjunction with creating and using the logo as well as using the logo the User undertakes to observe the applicable laws (such as criminal law, anti-competition law and the law regarding the protection of minors) and not to infringe the rights of third parties (such as rights relating to the use of a name, trade mark rights, copyright and data protection rights).
4.3 Jimdo may block or terminate access to use the Logo Creator or the Jimdo platform at any time and at its own discretion if there are specific indications that the Jimdo User has breached these Terms of Use, in particular section 4.2 and/or has broken the law. The legitimate interests of all parties involved will be appropriately taken into consideration when deciding on blocking an account.
4.4 The User shall produce a suitable form of identification and/or proof of the rights and licenses for the use of the intellectual property used/created by the User on or using the Logo Creator if requested by Jimdo.
5. Usage rights and indemnification
5.1 Jimdo hereby grants the User a perpetual, non-exclusive, irrevocable and non-transferable worldwide license to use the logo created on the Jimdo platform to represent and advertise their private, entrepreneurial and/or commercial activities. This comprises the right to publish, disseminate and reproduce and the right to make available to the public for this purpose. This does not include the right to adapt and transform the logo (section 23 German Copyright Act, UrhG).
5.2 The individual Design Elements of the logo provided by Jimdo or its contractual partners are not covered by the granted license. The User is, in particular, not entitled to use or exploit individual or multiple Design Elements or a part of a Design Element separately from the logo. All other rights to and regarding the logo, including, but not limited to all copyright and other rights to intellectual property with regard to the logo, are retained by Jimdo and/or its contributors.
5.3 The granting of the rights of use granted in section 5 for the created logo is restricted for use in connection with an item for resale to a maximum number of 100 (one hundred) times for each obtained license. An item for resale is any material good where the fundamental value of the product results from the Symbol used (such as merchandising items).
5.4 Jimdo waives its right to be identified as the author of the work as per section 13 UrhG.
6. Data protection
6.1 In order to be able to provide the services in conjunction with using the Logo Creator it is necessary to process the personal data of the User. The Privacy Policy of Jimdo GmbH applies.
7. Changes to the Terms of Use/Logo Creator
7.1 Jimdo will endeavor to but is not obligated to improve and develop the Logo Creator. Jimdo reserves the right to make new functions available free of charge or in return for payment and/or discontinue the provision of functions free of charge, to make changes to, expand and update the Logo Creator/the associated services at its own discretion after notifying the Users accordingly. In particular, Jimdo reserves this right when amendments are made for the reason of technical progress and/or to improve the user experience provided by Jimdo and/or if they appear necessary and/or to prevent abuse. Jimdo shall always take in to account the legitimate interests of Jimdo Users, as well as in particular section 10.12 and section 17.5 of the Terms and Conditions of Service of Jimdo.
7.2 To the extent that services in conjunction with the Logo Creator are provided to the Jimdo User free of charge, the Jimdo User only has the right to use the Logo Creator within the scope of availability actually provided by Jimdo.
8. Indemnification
8.1 In the event of claims filed by third parties against Jimdo regarding potential legal violations which result from the content provided by the User to create the logo, the User undertakes to indemnify Jimdo against any liability and arisen costs and also the costs of mounting a defense against any third party claims or actions regarding the transferred rights. This applies mutatis mutandis to the employees, representatives and affiliated companies of Jimdo as well as Noun Project.
8.2 The parties shall inform each other without delay as soon as they become aware of such a claim.
9. Limitation of liability
9.1 Jimdo is liable in the event of intentional acts and omissions and gross negligence in accordance with the statutory provisions.
9.2 Jimdo is liable without restriction for injuries to life, body or health in the event of simple negligence.
9.3 Furthermore Jimdo is only liable in the event of simple negligence for the infringement of a fundamental contractual obligation, the performance of which actually enables the proper implementation of the contract, and the observance of which the User is entitled to expect (cardinal obligation). In the event of liability for simple negligence this liability is restricted to the amount of such losses which were foreseeable on conclusion of the contract and the occurrence of which must be typically anticipated.
9.4 Liability for consequential losses, atypical or indirect losses, loss of profit or revenue or loss of anticipated profit or revenue, loss of use, data loss, loss of business, loss of reputation or loss of business opportunities is excluded. The restriction or exclusion of liability of Jimdo also applies to its vicarious agents.
9.5 Liability in accordance with the Product Liability Act (ProdHaftG) shall remain unaffected.
10. Final provisions
10.1 Insofar as is legally permissible the law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.1 If the Jimdo User is a registered trader (Kaufmann), a legal person under public law or a public law special fund, then sole jurisdiction for all disputes arising from the contractual relationship shall be vested in the courts responsible for the place of Jimdo's registered office.
10.2 Should an individual provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
10.3 The german language version of these Terms of Use shall be consulted in order to interpret the contractual content and the rights and obligations of the contractual parties.
10.4 The EU Commission provides an Online Dispute Resolution platform (“ODR platform”) which can be found at https://ec.europa.eu/consumers/odr/. In principle Jimdo is not prepared or obligated to take part in dispute resolution procedures before a consumer conciliation body.
Jimdo GmbH
Stresemannstr. 375
22761 Hamburg
Germany
Managing Director: Matthias Henze
Court of Registry: Amtsgericht Hamburg
Registration: HRB 101417
VAT ID: DE814864138
Released: December 2019