This PhotoDay Marks Usage Agreement ("Agreement") sets out the legal terms governing your ability to use the PhotoDay name, logo, and other registered or unregistered PhotoDay trademarks and service marks owned by PhotoDay and its affiliates ("PhotoDay Marks") to let your customers know that PhotoDay ("we", "us", "our") provides services for your business. A list of the PhotoDay Marks available for use can be found on our Logos and Resources page. Your use of services provided by PhotoDay is governed by the PhotoDay Services Agreement ("Services Agreement"), and terms used but not defined in this Agreement have the meanings given in the Services Agreement.
You may not use any PhotoDay Marks without having agreed to abide by all of the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.
PhotoDay Marks are important assets of PhotoDay's business and are protected by US laws. You are licensed to use the PhotoDay Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that utilize the Services (as defined in the Services Agreement). However, your use is subject to the terms set out in this Agreement, and we may terminate your license via (i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or (ii) your non-use or cancellation of the Services. Upon termination of the license, you agree to promptly remove any PhotoDay Marks from any websites or applications, or other material within a reasonable time.
Proper Use: You may only use the PhotoDay Marks on the portion of your website or application that directly relates to the Services, such as on a checkout page utilizing our payment processing services. All PhotoDay Marks should directly link to our homepage at www.photoday.io.
The PhotoDay name and logos are trademarks or service marks of PhotoDay or its affiliates in the U.S. Other names may be trademarks of their respective owners.
Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of PhotoDay Marks. You may only use the PhotoDay Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the PhotoDay Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
Attribution: The TM or SM Symbol should be prominently displayed in conjunction with any PhotoDay Mark being used, unless otherwise directed by us to use the ® symbol. All PhotoDay Marks used should directly hyperlink to the PhotoDay home page located at www.photoday.io.
You may not display, copy, modify, transmit or otherwise use the PhotoDay Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by PhotoDay. You may not use the PhotoDay Marks to show PhotoDay or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the PhotoDay Marks.
You may not use the PhotoDay Marks to imply endorsement by PhotoDay of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with PhotoDay, or use the PhotoDay Marks in any manner that is misleading. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the PhotoDay Marks that we determine is non-compliant with this paragraph.
In addition to protecting the PhotoDay Marks, it is important to us that you maintain an independent brand. Even where use of PhotoDay Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of PhotoDay's. You may not use the PhotoDay Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like "PhotoDay Business Services", "PhotoDay for Platforms" or domains like "getPhotoDay.com."
As part of this Agreement, we do not make any representations regarding your use of PhotoDay Marks. We disclaim all warranties, express and implied, including any warranties of non- infringement.
If you have any questions about this Agreement, please don't hesitate to contact us at info@photoday.io.
Except as otherwise agreed upon in writing between you and us, this Agreement is the entire agreement between you and us regarding your use of the PhotoDay Marks. We may terminate this Agreement at any time upon notice to you. You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated into this Agreement by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
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