Terms and Conditions – Trademark Store

Effective November 2015

Trademarque – Terms of Service

PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE AGREEMENT (“AGREEMENT”) UNDER WHICH Trademarque (“Trademarque”) PROVIDES YOU WITH VARIOUS SERVICES, CURRENTLY LOCATED AT TRADEMARQUE.IE, AND ANY OTHER RELATED OR SUCCESSOR SITES (“SITE”). ALL SERVICES PROVIDED BY Trademarque ON THE SITE ARE COLLECTIVELY REFERRED TO AS “SERVICES”. BY ACCESSING, BROWSING AND/OR USING OUR SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES WE PROVIDE.

You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with Trademarque, or (b) you are not allowed to receive the Services under the laws of Ireland, your country of residence, the country in which you are located or are otherwise legally barred.

Your Use of the Services

Trademarque grants you a limited, nonexclusive, nontransferable, revocable license to use the Services subject to the restrictions set forth in these Terms of Service.

Trademarque Property and Feedback

All right, title, and interest in and to the Site and Services are and will remain the exclusive property of Trademarque and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Trademarque incorporates any of your Feedback (as defined below) into subsequent versions. The Site and Services are protected by copyright, trademark, and other laws of both Ireland and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You may not copy or modify the HTML or other code used to generate web pages on the Site. All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to Trademarque, in any form, and any contributions you make to the Site by posting content and communicating with other Trademarque users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of Trademarque. You hereby irrevocably transfer and assign to Trademarque and agree to irrevocably assign and transfer to Trademarque all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At Trademarque’s request and expense, you will execute documents and take such further acts as Trademarque may reasonably request to assist Trademarque in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Services or in any Trademarque Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.

Changes to This Agreement

Trademarque may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of our Site and/or the Services following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.

Our Privacy Policy

The information that we obtain through your use of our Site, whether through the registration process or otherwise, is subject to our privacy policy (“Privacy Policy”). The Trademarque Privacy Policy can be viewed on our Privacy Policy page. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use our Site.

Other Policies

Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.

Types of Services

Currently, Trademarque offers a paid service. More information on the types of services that Trademarque offers can be found in Pricing Terms and Conditions. Please read this document in its entirety regarding account restrictions. Trademarque reserves the right, at any time, to change or impose fees for access to and use of the Site, Content, Search Results, Reports and/or Services.

Customer Service

Customer support is not offered for the Site or the Services.

Access to the Site and Services

You are solely responsible for obtaining Internet access to the Site and the equipment and software necessary to use and enjoy the Site and the Services, including payment of any Internet service provider fees and telecommunication charges.

Transactions/Transmissions/Storage/No Automated Querying

Trademarque does not have an established maximum number of transaction, transmissions, or level of storage used in connection with the Services. Trademarque reserves the right to set such limits, in its sole discretion, at any time.

You may not send automated queries of any sort to the Site without express advance written permission from Trademarque.

Links to, and Resources/Data from, Others

A part of the Site and the Services includes links to other websites or resources and information provided by others. Because Trademarque has no control over such sites and resources, you acknowledge and agree that Trademarque is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Trademarque shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which Trademarque has no control and which will govern your rights and obligations with respect to the use of such.

Your Contact with Advertisers or Third-Party Vendors

Your dealings with advertisers and third-party vendors (for instance but not limited to: trademark attorneys, domain name consultants and designers) found on or through the Site and the Services, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Trademarque does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that Trademarque will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Trademarque has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Compliance with Laws/Restrictions in Use

You agree to comply with all applicable laws regarding your use of our Site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from Ireland or the country in which you reside.

You agree that you will not: (a) use the Site or the Services in any manner that harms us or the parties with which we contract; (b) modify or reroute the Site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or the Services, including associated networks, or otherwise impair anyone’s use of the Site or the Services.

Passwords and Security

You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.

Intellectual Property Violations

Trademarque takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Our policy is located here.

Prohibited Content / Review of Content

You agree that you will not use the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.

Trademarque has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all User Content either by itself, through third parties, or its community of users. You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such.

Modifications to the Services

Trademarque reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that Trademarque will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.

Termination of Your Access to the Services

You agree that Trademarque, in its sole discretion, may terminate your access to any of the Services for any reason, including, without limitation, for lack of use or if Trademarque believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Trademarque may bar any further access to such files or the Services. If you use the Site in violation of this Agreement, Trademarque may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Trademarque shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

You may cease using the Services at any time. You do not need to inform Trademarque if you cease using the Services.

Information Disclaimer and Disclaimer of Warranties

BY USING THE SITE AND THE SERVICES YOU UNDERSTAND AND AGREE THAT:

THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER FINANCIAL, LEGAL OR OTHERWISE. Trademarque AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Trademarque EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
Trademarque MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.

Limitation Of Liability

YOU UNDERSTAND AND AGREE THAT Trademarque IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE; OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Trademarque HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.

Trademark Notices

Trademarque is a registered trademark and the Trademarque logo are trademarks of Trademarque AB. All rights reserved. All other trademarks and logos on the Site are the property of their respective owners.

Images

The images referenced, made accessible or made available to you on the Site or by means of the Services are protected by the copyright and trademark laws of Ireland and other countries. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner, not Trademarque. Trademarque cannot give you authorization to use the copyrighted images. Trademarque cannot guarantee that a search will not locate unintended or objectionable content and Trademarque accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Services, or for your use of such content.

No Other Agreements Between Us / No Third-Party Beneficiaries

With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and Trademarque for governing your use of our Site and the Services and supersedes any prior agreements between you and Trademarque for that purpose, including any membership agreements or other similar agreements applying to our Site or the Services.

This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).

Law Applicable to Interpretations and Disputes

This Agreement and the relationship between you and Trademarque are governed by the laws of Ireland without regard to its conflict of law provisions. You and Trademarque agree to irrevocably submit to the personal and exclusive jurisdiction of the courts of Ireland. Notwithstanding the foregoing, Trademarque may seek equitable and injunctive relief in any jurisdiction.

Severability of This Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against Trademarque

You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Trademarque to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Contact Information

If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Trademarque by email at kayanne@khorgansolicitors.com or by mail at:

Trademarque
Attention: Legal Department – Privacy Policy Dispute Resolution

3rd Floor, The Odeon Rooms,
Odeon House,
Eyre Square,
Galway

T: 091- 865 367
E: kayanne@khorgansolicitors.com
W:https://trademarkstore.ie/

Ireland

Disclaimer:
These articles do not constitute legal advice and should not be relied upon as such. These articles set forth general educational principles only. Consult with a lawyer about your particular case.

COOKIES POLICY

My Trademark’s website uses cookies to provide you with a better user experience. We also use re-marketing cookies/tags to improve the effectiveness of our Google marketing campaigns and to ensure we offer our customers the right promotions and information that would benefit them the most.

If you continue to access this website we will consider that you consent to the use of cookies.

What is a Cookie?

Cookies are small pieces of text sent by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

How My Trademark uses cookies?

We use cookies to enable certain functions of the Website Service.
We use cookies to learn how visitors to our website interact with our website so we can deliver a better service and so we can provide better information relevant to our visitors. We also use cookies to improve the operation and presentation of our website. This includes tracking our use of fonts, caching pages and identifying potential errors.

We use re-marketing cookies/tags to improve the effectiveness of our Google marketing campaigns and to ensure we offer our customers the right promotions or information that would benefit them the most.

When you use and access the website, we may place a number of cookies files in your web browser.

We may use both session and persistent cookies to run the service:

We may use cookies to authenticate users.

WHAT ARE YOUR CHOICES REGARDING COOKIES

If you’d like to delete cookies or instruct your web browser to delete or
refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

For the Chrome web browser, please visit this page from Google
For the Internet Explorer web browser, please visit this page from Microsoft
For the Firefox web browser, please visit this page from Mozilla
For the Safari web browser, please visit this page from Apple
For any other web browser, please visit your web browser’s official web pages.

WHERE CAN YOU FIND MORE INFORMATION ABOUT COOKIES

You can learn more about cookies and the following third-party websites: