Last Modified: October 18, 2017
TAMKO reserves the right to refuse, restrict or terminate access to the Site or any portion thereof at any time for any reason.
- 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”).
(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.
- USER REGISTRATION
- 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.
- 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.
- 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.
(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.
- RESERVED RIGHTS
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.
- 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.