Trademark policy

Trademark Policy

Version 1.0 – December 2018

 

This policy grants you limited permission to use the myBrand Marks in connection with your use of the Services.

These myBrand Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the myBrand Terms of Service (the “Terms of Service”) between Restyle Groep Nederland b.v., trading as myBrand (“myBrand,” “we,”“ ”us,“ or ”our“) and you or the entity you represent (”you“).

Obligations under this policy (both ours and yours) are incorporated by reference into the myBrand Terms of Service.

The myBrand Marks are assets of significant value to us and these Trademark Guidelines are intended to preserve that value. These Trademark Guidelines provide you a limited permission to use the myBrand Marks (as defined below), in connection with your use of the Services (as defined in the Terms of Service), or in connection with software products designed to be used with the Services, on the terms set forth herein and in the Terms of Service, until such time as we may terminate such permission, which we may do at any time, in our sole discretion.

 

1. Definitions

For the purposes of these Trademark Guidelines, ”myBrand Marks“ means the following trademarks, service marks, service or trade names, logos, product names, or designations of myBrand and its affiliates:

The logo in the form shown below (the ”Logo“); and
“myBrand, and any other myBrand Marks and Services made available from time to time.
Logo’s:

 

2. Limited Permission

Provided that you are in good standing with a current and valid account for use of the Services and provided, further, that you comply at all times with the terms of both the Terms of Service and these Trademark Guidelines, we grant you a limited, non-exclusive, non-transferable permission, under our intellectual property rights in and to the myBrand Marks, and only to the limited extent of our intellectual property rights in and to the myBrand Marks, to use the myBrand Marks for the following limited purpose, and only for such limited purpose:

You may utilize the Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth below, to:

  • Identify your content (as defined in the Terms of Service) as using the Services; or
  • To identify software tools or applications that you create and distribute that are intended for use in connection with the Services.
  • Without limitation of any provision in the Terms of Service, you acknowledge that any use that you elect to make of the myBrand Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith.

Your permission to use the myBrand Marks is a limited permission and you may not use the myBrand Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the myBrand Marks to any other person or entity.

Your use of the myBrand Marks shall comply with:

  • The most up-to-date versions of the Terms of Service and this Policy; and
  • Any other terms, conditions or policies that we may issue from time to time to govern use of the myBrand Marks.

Your permission to use the myBrand Marks hereunder shall automatically terminate and you must immediately stop using the myBrand Marks if at any time:

  • The Terms of Service is terminated;
  • Your content no longer uses any of the Services, or your applications cannot be used with any of the Services, as applicable; or
  • Your account is closed, either by you or by us.

 

3. Modification and Termination

You understand and agree that, without prior notice to you and at our sole discretion:

  • We may modify this Policy at any time;
  • We may modify or terminate your limited permission to use the myBrand Marks, at any time in our sole discretion, for any reason or for no reason at all; and
  • We reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the myBrand Marks that does not comply with the terms of the Terms of Service or this Policy.

 

4. No Affiliation or Endorsement

You will not display the myBrand Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that your content, application, web site, product or service, has been authored or edited by us, or represents our views or opinions.

 

5. No Disparagement

You may only use the myBrand Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the myBrand Marks and you will not use the myBrand Marks to disparage us or our products or services.

 

6. No Dominant Display; myBrand Mark Differentiation

You may not display any myBrand Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with your content, application, software tool or other software application. When using any myBrand Mark (other than the Logo, with respect to which the formatting requirements set forth below, or in a URL), you must distinguish the myBrand Mark from the name of your content and/or other surrounding text by lowercasing the first letter of the myBrand Mark, capitalizing or italicizing the entire myBrand Mark, placing the myBrand Mark in quotes, or using a different style or color of font for the myBrand Mark.

 

7. Formatting Requirements with Respect to the Logo

No Modification. A request for Logo images can be filed through support@mybrand.center. You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.

Colors. The Logo image must be represented in its original color scheme:
For light backgrounds: the “my” in #009fe0; the “brand” in #151f31
For dark backgrounds: the “my” in #009fe0; the “brand” in #ffffff, or myBrand fully in white (#ffffff)

The Logo text may be represented in its original blue color (#009fe0) on a white (#ffffff) background, or vice versa.

Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the Logo) between each side of the Logo and other graphic or textual elements.

Size. The Logo, as shown in the “definitions” section of this Policy must be displayed large enough to ensure that the type and trademark notations are legible.

Alt/Title Attribute. The Alternative Text (alt/title attribute of the image tag) should either be set to the following text or be left blank: “Powered by myBrand”.

 

8. Permissible Uses of the myBrand Marks

Except for the Logo (with respect to which the formatting requirements are set forth above), you may only use the myBrand Marks: (i) in a relational phrase using “for” or one of the limited number of equivalent naming conventions , as set forth below; or (ii) to the right of the top level domain name in a URL in the format set forth below.

Relational Phrases
Example of Permissible Use: “Logtastic – Audit Logging for myBrand”

Equivalents: You may replace “for” in the example above with any of the following, so long as the term you use is accurate when used with the myBrand Marks you use: “for use with”; “with”; “compatible with”; “works with”; “powered by”;

You may replace “myBrand” in the examples above with any of the myBrand Marks, so long as your usage of the myBrand Marks is accurate.

URLs
Example of Permissible Use: www.logtastic.com/mybrand

Equivalents: You may replace “mybrand” in the example above with any of the myBrand Marks, so long as your usage of the myBrand Marks is accurate.

Hyperlinking
You shall link each use of the myBrand Marks directly to the following URL, wherever technically feasible: https://www.mybrand.center. You may open the URL in a new browser window. You may not link the myBrand Marks to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.

No Combination
You may not hyphenate, combine or abbreviate the myBrand Marks. You shall not incorporate the myBrand Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the myBrand Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., “.com”, “.net”, “.uk”, “.center”, etc.). For example, URLs such as mybrand.mydomain.com”, “mybrandplus.com” are expressly prohibited.

Attribution
You must include the following statement in any materials that include the myBrand Marks: “myBrand, the myBrand logo, [and name any other myBrand Marks used in such materials] are trademarks of myBrand or its affiliates in the The Netherlands and/or other countries.” In addition, the myBrand Marks must be designated with the ™/“tm” notice.

No Misleading Use
You may not display the myBrand Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.

Trade Dress
You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.

Compliance with Law; Appropriate Activities
You may not use the myBrand Marks in any manner that violates any Dutch or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Terms of Service, you may not display any myBrand Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

Reservation of Rights
Except for the limited permission specified above, nothing in the Terms of Service or this Policy shall grant or be deemed to grant you any right, license, title or interest in or to any myBrand Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the myBrand Marks. All use by you of the myBrand Marks including any goodwill associated therewith, shall inure to the benefit of myBrand.

No Challenges
You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the myBrand Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the myBrand Marks.

Contact Information
If you have questions regarding your obligations under this Policy or questions about any myBrand Mark, please email us at support@mybrand.center.