Terms of Use

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that LMSD.eu may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

By entering into any contract or agreement with LMSD.eu for products and/or services to be provided by LMSD.eu, including without limitation ordering any products or services through the LMSD.eu web site (here in after referred to as your “Contract” with LMSD.eu), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth in these “Terms and Conditions”

For purposes of these Terms and Conditions, references to the products and/or services provided by LMSD.eu shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials and other design services, and any and all future product or service offerings of LMSD.eu.

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from LMSD.eu or enter into your Contract with LMSD.eu. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

LMSD.eu reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that LMSD.eu shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.


Logo Design Technicalities
The logo designed will have a CMYK color model. If Pantone colors are needed the exact values should be specified.


Payment
Payment in full for any and all products and services to be provided by LMSD.eu will be: under your Contract is due in advance of the commencement of any work by LMSD.eu LMSD.eu shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. LMSD.eu will notify you of any additional charges under your Contract prior to commencing.

In any event, any deposited funds for a project shall not be subject to refund after delivery of the first set of samples. Unless LMSD.eu cancels or terminates your Contract for a reason other than your breach or non-performance, LMSD.eu shall not refund any portion of your purchase price. If for any reason a refund is granted a £99 deposit will be kept by LMSD.eu, for the services that have been rendered.


Delivery And Acceptance
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, LMSD.eu shall deliver your product and/or service to a temporary location designated by LMSD.eu for your review. LMSD.eu will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service.. Upon your acceptance of the product or service, or any substitute or replacement product or service, LMSD.eu shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed.


Proprietary Rights
If you provide a logo/design for LMSD.eu to work with you represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to LMSD.eu in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.

LMSD.eu MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. LMSD.eu WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES.

Upon your acceptance of the product or service and receipt of payment in full therefore, LMSD.eu will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by LMSD.eu for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by LMSD.eu and accepted by you shall at all times remain the property of LMSD.eu and you shall have no right in or to such products or services.

LMSD.eu retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by LMSD.eu for display and self-promotional purposes, regardless of your acceptance and LMSD.eu delivery of the same to you.


Termination
LMSD.eu reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by LMSD.eu, your Contract and/or your access to the LMSD.eu Site web site, at any time and without prior notice. You agree that LMSD.eu shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the LMSD.eu web site.


Disclaimer Of Warranties
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY LMSD.eu ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, LMSD.eu HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. LMSD.eu MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. LMSD.eu DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY LMSD.eu WILL MEET YOUR EXPECTATIONS.


Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALLL LMSD.eu OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY LMSD.eu TO YOU, EVEN IF LMSD.eu HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, LMSD.eu LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR LMSD.eu PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO LMSD.eu UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.


Indemnification
You agree to indemnify and hold LMSD.eu, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by LMSD.eu in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by LMSD.eu pursuant to your Contract.


Copyright And Trademark Notices
All intellectual property of LMSD.eu, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LMSD.eu in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of LMSD.eu is strictly prohibited.Copyright © 2008 by LMSD.eu, Inc. All rights not expressly granted are reserved.


General
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and LMSD.eu regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and LMSD.eu regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon LMSD.eu unless otherwise agreed to by LMSD.eu in writing. The failure of LMSD.eu to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any jurisdiction.