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This Copyright Transfer Agreement ("Agreement") becomes effective and binding upon both the Seller and the Buyer when the Buyer completes the purchase of the logo referenced herein via Logomax. Completion of the purchase transaction signifies the Buyer's acceptance of all terms and conditions set forth in this Agreement.
Upon the Buyer completing the purchase transaction, the Seller transfers to the Buyer all copyrights and associated intellectual property rights in the original, uncustomized Logo, as well as the final customized version of the Logo that has been customized by Logomax according to the Buyer's requests and subsequently approved by the Buyer. This transfer grants the Buyer full and exclusive ownership, including the unrestricted right to use, reproduce, modify, distribute, publicly display, and sell both the original and the approved customized version of the Logo in any form, medium, or technology.
To the extent permitted by applicable law, this transfer includes the waiver of any moral or personal rights that could otherwise limit the Buyer’s unrestricted use of the Logo. The full scope and handling of moral rights and jurisdictional exceptions are addressed in Section 3 of this Agreement.
For the purposes of the Seller’s operations and internal records, the purchase of a Logo under this Agreement is treated as a full and exclusive copyright transfer from the Seller to the Buyer. This classification reflects the mutual intent of the parties and governs the contractual relationship between them under applicable law.
In jurisdictions where a full transfer of copyright or a waiver of moral rights is not legally recognized or enforceable, this Agreement shall be interpreted to provide the Buyer with the broadest and most exclusive set of rights legally possible. At a minimum, this includes an irrevocable, perpetual, worldwide, royalty-free, and exclusive license to use, reproduce, adapt, sublicense, display, modify, distribute, and commercialize the Logo for any lawful purpose and in any medium, format, or context.
To the extent that moral rights (such as rights of attribution or integrity) cannot be waived under local law, the Seller expressly agrees not to assert or enforce such rights in a manner that would restrict, challenge, or interfere with the Buyer’s full and unrestricted exercise of the rights granted under this Agreement. The Seller also grants all necessary consents to ensure that the Buyer may use, adapt, modify, and commercialize the Logo without obligation of attribution or approval.
The parties acknowledge that this Agreement is intended to approximate, as closely as legally permitted in each jurisdiction, a complete and unrestricted transfer of all intellectual property and moral rights associated with the Logo.
The Buyer, having obtained full and exclusive ownership of the Logo, including all associated intellectual property rights, shall have the right to assign, sublicense, or otherwise transfer these rights without restriction. However, any such assignment or transfer must be consistent with the terms of this Agreement and must not violate any applicable laws. The Seller shall not retain any right to control or approve any subsequent assignments or sublicenses by the Buyer.
The Seller warrants that it is the original creator of the unmodified, uncustomized version of the Logo and that, to the best of its knowledge, this version does not infringe upon the intellectual property rights of any third party. The Seller makes no warranties, express or implied, regarding any customized version of the Logo, as such modifications are based on Buyer-provided instructions or approvals.
Post-Purchase Responsibilities: From the moment of sale, the responsibility to ensure that the Logo — including any modifications, customizations, or usage thereof — does not violate any intellectual property laws or infringe on any third-party intellectual property rights is entirely the Buyer's. The Buyer assumes all risks associated with the Logo’s use post-purchase, including but not limited to trademark conflicts, registration issues, or copyright infringement claims. The Buyer agrees to conduct their own due diligence and is solely responsible for any legal consequences that may arise from their use of the Logo.
The Seller's total maximum obligation and liability to the Buyer and all authorized users for all claims shall be limited to the effectively paid sales price of the Logo by the Buyer. Notwithstanding the foregoing, in no event shall the Seller's liability exceed three hundred United States Dollars (USD $300), regardless of the amount actually paid. This limitation of liability does not apply to liability arising from intentional misconduct or gross negligence.
The Buyer agrees to indemnify, defend, and hold the Seller and its officers, employees, shareholders, and directors harmless from any and all claims, liabilities, losses, damages, and expenses, including reasonable attorneys' fees and costs, arising from any breach of this Agreement by the Buyer, including any claims of infringement of intellectual property rights by third parties in relation to the Logo after its purchase. The Buyer further agrees to indemnify the Seller for all costs and expenses that the Seller incurs in enforcing the terms of this Agreement.
The transfer of copyright under this Agreement is conditional upon the receipt of the full agreed payment by the Seller. Should the payment not be received in full, or should it be subject to a chargeback, dispute, or otherwise reclaimed by the Buyer, this Agreement shall be rendered null and void. Consequently, while all rights granted herein, including but not limited to the use, reproduction, modification, and sale of the Logo, shall immediately revert to the Seller, the Buyer remains liable for any misuse or illegal actions involving the Logo that occurred prior to and following such revocation of rights. The Buyer must cease all use of the Logo, destroy all copies thereof, and refrain from any further use, sale, or distribution of the Logo. Additionally, the Seller retains the right to pursue legal action for any damages or liabilities resulting from the Buyer’s actions both before and after the reversion of rights. Such reversion shall take effect to the fullest extent permitted under applicable copyright laws.
Upon purchase, the Buyer gains full ownership of the Logo. The Buyer may not use the Logo in a manner that falsely implies endorsement by the Seller or misrepresents the nature of the relationship between the Buyer and the Seller. The Buyer is prohibited from using the Logo for any illegal, defamatory, or libelous purposes, or in any context that promotes adult content, hate speech, violence, or discrimination. Additionally, the Buyer should avoid using the Logo in any way that infringes upon existing intellectual property rights of third parties, including trademarks and copyrights.
This Agreement shall be governed by and construed in accordance with the Federal laws of Mexico. Any disputes arising under this Agreement shall be resolved in the competent courts of Santiago de Querétaro, and the parties hereby consent to the jurisdiction of such courts. Notwithstanding the above, this Agreement shall not override any mandatory consumer protection or intellectual property laws applicable in the Buyer’s place of residence.
This Agreement ensures that all essential elements required for a valid contract have been satisfied. These elements include the clear expression of consent by both parties, the provision of consideration through the exchange of rights and payments, and the lawful purpose of this Agreement. It is understood that the responsibilities to ensure that the Logo does not violate any intellectual property laws or third-party rights post-purchase rest entirely with the Buyer. The Buyer accepts all risks associated with the intellectual property of the Logo after the transaction.
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent as closely as possible, or, if modification is not possible, such provision shall be severed from this Agreement. In either case, the remaining provisions of this Agreement shall continue in full force and effect. This Agreement does not require a physical or digital signature to be valid; the completion of the purchase transaction by the Buyer on Logomax constitutes a binding acceptance of these terms.
This Agreement may be provided in multiple languages for convenience. In the event of any discrepancy or inconsistency between translations, the English version shall prevail and govern. The original version of this Agreement is written in English and shall be considered the legally binding version in all cases.
This document and any other documents referred to herein constitute the entire agreement between the parties with respect to the purchase of the Logo and supersede all prior agreements, proposals, and communications, both written and oral, regarding this subject. No oral or written communication outside this document shall modify the rights granted herein unless agreed to in writing by both parties.
This Agreement may be provided in multiple languages for convenience. In the event of any discrepancy or inconsistency between translations, the English version shall prevail and govern. The original version of this Agreement is written in English and shall be considered the legally binding version in all cases.