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TERMS OF USE FOR TAMKO BUILDING PRODUCTS, INC.'s LOGOS AND INTELLECTUAL PROPERTY

Last Modified: October 18, 2017

  1. INTRODUCTION AND ACCEPTANCE OF THE TERMS OF USE

Welcome to our image and logo download site (“Site”). This Site is owned and operated by TAMKO Building Products, Inc. (“TAMKO”). These terms and conditions of use are entered into by and between you and TAMKO (“Terms of Use”) and govern your access to and use of the Site, including any content, functionality and services offered on or through the Site whether as a guest or a registered user. Please read these Terms of Use carefully before using the Site. If you are a direct licensee of a TAMKO trademark or logo and have been provided with special trademark usage guidelines with your license agreement (e.g., a Digital Content Agreement) please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these Terms of Use. The images and logos available on this Site are intended and provided for contractors, dealers, distributors, architects or other building professionals using TAMKO’s products.

TAMKO reserves the right to refuse, restrict or terminate access to the Site or any portion thereof at any time for any reason.

  1. TAMKO INTELLECTUAL PROPERTY RIGHTS

(a) The Site and its entire contents, features and functionality, including all information, software and code, text, images, logos, branding or marketing materials, illustrations and graphics published on the Site (collectively, the “Content”), are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws and are owned by TAMKO (“Intellectual Property”).

(b) Subject to these Terms of Use and any other agreement between you and TAMKO, TAMKO grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Site; download and use the Content; and use the Intellectual Property for the sole purpose of promoting TAMKO and its products in a positive light. The Intellectual Property may be modified, added to, or deleted only by TAMKO from time to time in its sole discretion. Without limiting the foregoing, TAMKO reserves all rights other than those expressly granted in these Terms of Use, and no licenses are granted except as expressly set forth herein.

(c) TAMKO’s Intellectual Property is a valuable asset. In following these Terms of Use, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using the Intellectual Property, in whole or in part, you are acknowledging TAMKO’s ownership of the Intellectual Property and will NOT: (i) interfere with TAMKO’s rights in the Intellectual Property, including challenging TAMKO’s use, registration of, or application to register such Intellectual Property, alone or in combination with other words, anywhere in the world; (ii) harm, misuse, or bring into disrepute any Intellectual Property; (iii) attempt to register the Intellectual Property or any marks confusingly similar thereto in any jurisdiction in the world; (iv) alter or add to any of the Intellectual Property, or (v) use the Intellectual Property other than as expressly authorized in these Terms of Use. You will ensure that all displays of the Intellectual Property are exact copies, in all material respects, of the then current Intellectual Property made available on the Site. All of your use of the Intellectual Property inures solely to the benefit of TAMKO and the goodwill derived from using any part of the Intellectual Property exclusively inures to the benefit of and belongs to TAMKO. Except for the limited right to use as expressly permitted under these Terms of Use, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these Terms of Use, please submit your query to info@tamko.com.

 

(d) You recognize that the Intellectual Property possess a unique character, which makes it difficult to assess the monetary damages TAMKO would sustain in the event of unauthorized use. You acknowledge that such unauthorized use would cause TAMKO irreparable injury. In the event of any actual or threatened unauthorized use of the Intellectual Property, TAMKO will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (i) show any actual damage or irreparable harm; (ii) prove the inadequacy of its legal remedies; or (iii) post any bond or other security.

(e) You will promptly cease or modify any or all use of any or all of the Intellectual Property upon receipt of a written request from TAMKO, which TAMKO may make at any time and for any or no reason.

  1. USER REGISTRATION

Prior to logging on and using the Site, you will be required to register as an authorized user by submitting your full name, email address and company affiliation. When you register to become an authorized user of the Site, you represent and warrant to TAMKO that: (a) you are using your actual identity; (b) you will maintain and promptly keep that information up to date (including re-entering/registering information on the Site, as needed); (c) you are of sufficient legal age (in your state/province or territory of residence) and mental capacity to enter into these Terms of Use; (d) you have the authority on behalf of your organization to enter into these Terms of Use, and you have read and understand these Terms of Use and agree to be bound by them; (e) you have no personal or proprietary interest in the Site or its content; and (f) you are a contractor, dealer, distributor, architect or other building professional using TAMKO’s products. If you do not meet ALL of these requirements, you must NOT access or use the Site; download any Content; nor use any images, logos or other Intellectual Property of TAMKO. 

  1. CHANGES TO THESE TERMS OF USE

TAMKO reserves the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version on the Site. These changes will be effective as of the date TAMKO posts the revised version on the Site. Your use of the Site following any such change constitutes your agreement to be bound by the revised Terms of Use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. UNAUTHORIZED USE OF TAMKO INTELLECTUAL PROPERTY

(a) Company, Product, or Service Name: You may not use or register, in whole or in part the Intellectual Property, including TAMKO-owned graphic symbols, logos, icons, or any alteration thereof, as or as part of a company name, trade name, product name, or service name.

(b) Broadcast or Website Use: Do not use the Intellectual Property or any other TAMKO-owned graphic symbol, logo, or icon on or in connection with television, film, video, products, packaging, manuals, books or for any other similar purpose except pursuant to an express written trademark license contained in a Digital Content Agreement with TAMKO or other TAMKO-generated license agreement. You agree that your use (or that of your company) of the Intellectual Property will not, in any way, copy or resemble the look and feel of TAMKO’s website nor will you create the impression that your internet content is TAMKO’s website or is a part of TAMKO’s website.

(c) Confusingly Similar Use:  Do not use the Intellectual Property in a manner that (i) might create confusion about the ownership of the Intellectual Property, (ii) implies that TAMKO is the source of your products or services, or (iii) otherwise might create confusion about the source of Intellectual Property.

(d) Disparaging Manner: Do not use the Intellectual Property or any other TAMKO-owned graphic symbol, logo, or icon in an offensive, misleading, defamatory, infringing, libelous, obscene, unflattering, derogatory, objectionable or otherwise disparaging manner, as determined by TAMKO in its sole discretion.

(e) Endorsement or Sponsorship: Do not use the Intellectual Property, or any other TAMKO-owned graphic symbols/logos, or icons, in a manner that would imply TAMKO’s affiliation with or endorsement, sponsorship, or support of a third party product or service.

(f) Formatting, Modification, Variations, Takeoffs or Abbreviations: The Intellectual Property must be used as provided by TAMKO with no modification.  You may not use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of the Intellectual Property for any purpose.

(g) Generic nor Possessive Use: Do not use the Intellectual Property (i) in a way that suggests a common, descriptive, or generic meaning; or (ii) in the plural or possessive form.

(h) Merchandise Items: Do not manufacture, sell or give-away merchandise items, including shirts, mugs, key chains, mouse pads, pens and note pads bearing the Intellectual Property, including symbols, logos, or icons, except pursuant to an express written license from TAMKO.

(i) TAMKO’s Trade Dress: Do not imitate the distinctive TAMKO packaging, web site design, logos, or typefaces.

(j) Slogans and Taglines: Do not use or imitate a TAMKO slogan or tagline, except pursuant to an express written license from TAMKO.

(k) Domain Names: Do not use an identical or virtually identical Intellectual Property as a second level domain name.

  1. STYLE GUIDELINES FOR LOGO AND IMAGE USE

(a) You shall adhere to the TAMKO Graphic Standards and Style Manual (“Style Guide”) when using the Intellectual Property and any logos downloaded from this Site. The Style Guide can be accessed from the Site.

 

(b) Product Color: When using any TAMKO imagery, you acknowledge and understand that reproduction of product colors is as accurate as technology will permit and dissatisfaction with a selected color after installation is not covered under any TAMKO warranty.  With respect to specific images for: (i) Roofing Products – TAMKO advises that (A) viewing an actual product installation prior to final color selection for the full impact of color blending and patterns; (B) certain colors and products may not be available in your area; and (C) checking with the local distributor/dealer in the area for availability; and (ii) Decking & Railing Products – TAMKO advises that (A) as with any composite product, color variations will occur; (B) viewing several full-length pieces of material prior to final color selection and installation; (C) color of material will usually weather to a lighter shade within the first several months of exposure to the environment; and (D) color selection may vary across profiles.

  1. ACCESS AND USE OF SITE AND CONTENT

(a) You agree that when using the Content you will not, except for minor alterations or edits (e.g., retouching, resizing, etc.), edit, alter, modify or translate any of the Content without TAMKO’s express prior written approval. Unauthorized use of the Content may be a violation of law which may result in civil and criminal liability. TAMKO has the right to enforce its intellectual property rights to the fullest extent of the law.

(b) Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, transfer, sell, or otherwise exploit any Content for any purpose whatsoever without obtaining prior written consent from TAMKO.

(c) You represent and warrant that (i) your use does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe or violate any applicable law, regulation or right of a third party, including, without limitation, export laws, or any proprietary, contract, moral or privacy right or any other third party right, or that expose or potentially expose TAMKO to civil or criminal liability or public ridicule, or that portrays TAMKO and/or its products in a negative light; (ii) you own the material you publish or otherwise have the right to publish such material; and (iii) you have ensured the accuracy of materials included in your use, including without limitation, content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted.

(d) You may not, under any circumstances: (i) decompile, reverse engineer, or disassemble any part of the Site or the Content; (ii) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including such party’s ability to engage in real time activities through the Site; (iii) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iv) use any device, software or routine that interferes with the proper working of the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (vi) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (vii) remove any copyright, trademark registration, or other proprietary notices from the Content. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, exploited or used in any manner or form except as expressly provided in these Terms of Use without first obtaining written permission from TAMKO.

  1. RESERVED RIGHTS

Except for the limited use rights granted to you in these Terms of Use and any other agreement between you and TAMKO, you shall not acquire any right, title or interest in the Site, the Intellectual Property or any Content. Any rights not expressly granted in these Terms of Use are expressly reserved by TAMKO. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any Content from the Site. TAMKO will at all times, anywhere in the world, have the right to use or authorize others to use the Content in any manner it may desire.

  1. TERMINATION

(a) TAMKO reserves the right in its sole discretion and at any time to terminate, suspend and/or block your access to the Site, Content or Intellectual Property for any reason what so ever, including but not limited to, if you have failed to comply with these Terms of Use or any other agreement between you and TAMKO. You agree that TAMKO shall not be liable to you or any third party for any termination, suspension or blocking of your access to the Site, Content or Intellectual Property.

(b) For any of the Content or the Intellectual Property, TAMKO will have the right to terminate your right to use the Content or the Intellectual Property and to withdraw authorization granted hereunder in the event TAMKO no longer controls the rights necessary to grant the rights hereunder or in the event that in TAMKO’s sole discretion, TAMKO deems it appropriate to do so. Any suspension or termination shall not affect your obligations to TAMKO under these Terms of Use.

 

  1. DISCLAIMERS

THE SITE, THE CONTENT, THE INTELLECTUAL PROPERTY AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TAMKO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, THE CONTENT, THE INTELLECTUAL PROPERTY AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAMKO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; OR (D) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL TAMKO BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS.  THIS LIMITATION SHALL APPLY EVEN IF TAMKO WAS ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless TAMKO and its parents subsidiaries and affiliates, together with their respective shareholders, directors, officers, employees and agents, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site, Content, and Intellectual Property or your breach or alleged breach of these Terms of Use.

  1. ARBITRATION.

Every claim or controversy between you and TAMKO and/or its employees and agents, arising from or relating to the Site, Content or these Terms of Use shall be resolved by final and binding arbitration conducted in Kansas City, Missouri.  You acknowledge and agree that use of this Site is a transaction involving interstate commerce and it is subject to the Federal Arbitration Act. To arbitrate an action against TAMKO, you must initiate the arbitration in accordance with the applicable rules of the American Arbitration Association, the Judicial Arbitration and Mediation Service or other arbitration service agreed to in writing by you and TAMKO, and provide written notice to TAMKO.  The arbitrator shall have the authority to render the same relief as a court of competent jurisdiction when resolving disputes regarding these Terms of Use.  The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.  When allowed by the rules of arbitration, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.

  1. MISCELLANEOUS

If any provision of these Terms of Use is held by an arbitrator to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect. Nothing in these Terms of Use will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to bind TAMKO. Failure of TAMKO to enforce any of its rights shall not constitute a waiver of such rights or of any other rights. These Terms of Use constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations and communications, whether written, oral, or electronic between you and TAMKO.

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Envision® Registered Contractors must periodically meet certain qualifications to become or remain an Envision® Registered Contractor; however, TAMKO does not make any representations or warranties regarding the reputation, skill level, qualifications or expertise of Envision® Registered Contractors. Envision® Registered Contractors are not employees of, agents of, or affiliated with TAMKO in any manner.