Website & Event Policies

Terms of Use

Last Updated: December 3, 2022

Welcome to the website of the International Trademark Association (“INTA,” “we,” or “us”) located at inta.org (including its subdomains, collectively known as the “Site”). These Terms of Use (“Terms”) govern your use of our Site or any other platform we may provide and any features, functions, services, products, materials or information we make available on or through the Site in existence now or in the future (collectively, the “Services”). THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (SEE SECTION 17). PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY USING THE SITE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.

 

1. Acceptance and Updates; Supplemental Terms

Please read these Terms carefully. By using our Site, you agree to be bound by and to comply with these Terms. If you do not agree, you are not authorized to use our Site. We may update these Terms from time to time, so please review them regularly. Your continued use of our Site after updated Terms have been posted constitutes your consent to the updated Terms. If we determine appropriate, we may notify you of updated Terms by other means. Any breach of these Terms immediately terminates your right to access and use the Services and all rights and licenses granted to you by these Terms.

Please note that certain areas of our Site may offer features and information that are governed by supplemental policies and terms, including the Privacy Policy and Cookies Policy (“Supplemental Terms”). Supplemental Terms listed below and elsewhere on our Site are hereby incorporated into these Terms and govern your use of those features and related activities.

BY USING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (OR OTHERWISE YOU ARE A PARENT OR GUARDIAN LEGALLY AUTHORIZED TO ENTER INTO THE AGREEMENT ON A MINOR’S BEHALF); AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES.

 

2. Privacy

Please review our Privacy Policy and Cookies Policy, which is a part of these Terms.

 

3. Site Content

All content on our Site, including any software, design, images, databases, proprietary information, as well all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same and all intellectual property rights therein (“Site Content”) is protected by intellectual property rights, and owned by INTA and, where applicable, its licensors or suppliers. Our Site Content may include resources that are available to the public (“Public Resources”) and resources available only to members (“Member Resources”). Unless otherwise specified, you may reproduce Site Content only for your personal, non-commercial use on the condition you do not alter the Site Content or remove or alter any copyright, trademark, or other proprietary notices or attribution. If you wish to use any Site Content in another manner, please contact [email protected] (or other contact provided for the specific Site Content) to request permission. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms.

As more fully described under the Disclaimer section, Site Content is provided for informational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of legal counsel with questions you may have concerning a legal matter.

 

4. Trademarks

INTA retains all rights in its name and trademarks, including “International Trademark Association,” “INTA,” “Powerful Network Powerful Brands,” “The Trademark Reporter,” “Unreal,” “INTA PAC,” related INTA logos, and other indicia of source, whether or not registered (“Our Trademarks”). You may not use Our Trademarks without our prior written permission; in particular you may not use Our Trademarks in any manner that is likely to cause confusion as to whether we are the source of or sponsor of or endorser of a product, service, or activity. If you wish to use Our Trademarks, please contact [email protected] to request permission. All other trademarks displayed on our Site are the property of their respective owners.

The page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Site are service marks, trademarks and/or trade dress of INTA and may not be copied, imitated or used, in whole or in part, in connection with any product or service without our prior written permission, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits INTA.

 

5. Accounts

To access certain sections of our Site (e.g., to register for an event or submit an article to the INTA Bulletin), you must create an account (“Account”). To access Member Resources, you must become a member and create an Account. By creating an Account, you agree that you: (A) are responsible for maintaining the confidentiality of your login access credentials (e.g., user name and password) and for all activity under your Account; (B) may not permit use of your Account by others except as expressly authorized by INTA; (C) will notify INTA immediately if you become aware that anyone has gained unauthorized access to your Account; and (D) warrant that all information you provide in connection with your Account is accurate and complete and you will update your Account as necessary.

If you are a member, you warrant that you will use member information provided through the Member Directory solely for your own personal use. You understand any other use is expressly prohibited. Violating this restriction may subject you to sanctions up to and including revocation of membership.

If you open an Account on behalf of an organization, you agree to these Terms on behalf of yourself and the organization and warrant that you are authorized by the organization to open the Account on its behalf and to bind the organization to these Terms.

INTA reserves the right, in its sole discretion, to suspend or terminate an Account or to restrict access to our Site, the Services, or any portion thereof, at any time: if it suspects you have not complied with these Terms; at the request of law enforcement or other government agencies; if the Site or the Services are discontinued or materially modified; upon the occurrence of any technical or security issues or problems or for other reasons that INTA determines in good faith are necessary or appropriate, including if INTA suspects you are using or attempting to use our Site or the Services in any way that INTA believes, in its sole and exclusive discretion, violates these Terms or other Supplemental Terms or any rights of INTA or third parties or applicable laws or regulations. INTA is not liable to you for any loss or damage that may result from its refusal to provide you access to our Site or any section of it.

 

6. No Endorsement

Unless expressly stated otherwise, INTA does not endorse any product, service, content, or message offered by its advertisers, sponsors, or exhibitors or other third parties related to its Services.

 

7. User Content; INTA Bulletin

Our Site may contain features that permit users to submit content (with exception of “Articles”, which are treated separately and discussed further below) that will be displayed on our Site (“User Content”). When you submit any User Content, you represent and warrant that: (A) you have the right and authority to submit the User Content; (B) you have or have obtained all rights and consents necessary to grant rights to INTA to use your User Content, including rights to any third-party material included in your User Content; (C) your User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, intellectual property, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of your User Content; and (E) your User Content does not contain any material or information considered confidential or provided to you with the understanding that it would not be disclosed or published. We have the right not to publish, to delete and to edit User Content at any time for any reason. Except to the extent other rights are granted or assigned to INTA as described in these Terms or you enter into a separate written agreements with INTA in connection with submission of your User Content, you hereby grant to INTA a non-exclusive, irrevocable, perpetual, worldwide, sublicensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display, perform, and incorporate for any purpose the User Content in all media now known or later developed. We have the right not to publish, to delete, and to edit User Content at any time for any reason. We do not endorse and are not responsible for User Content.

If you submit an article for proposed publication in the INTA Bulletin (“Article”), you agree to comply with INTA’s submission guidelines for the Bulletin. If INTA determines it will publish your proposed Article, you hereby:

  • grant INTA an exclusive, irrevocable, perpetual, worldwide, sublicensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display, perform, and incorporate for any purpose the Article in all media now known or later developed in whole or in part, including the right to publish the Article as part of the INTA Bulletin as well as elsewhere on our Site;
  • grant INTA permission to give third parties the right to publish your Article and agree you will not give any other third parties this right;
  • represent and warrant that the Article is original to you and has not been previously published by you or by any third party;
  • warrant you are the sole author of the Article and sole owner of any copyright or other intellectual property rights incorporated in such Article;
  • warrant the Article does not infringe any copyright, trademark, or other intellectual property or other right of any third party, does not contain any libelous or unlawful matter, and all statements asserted as facts are true to the best of your knowledge and belief;
  • agree that, to the extent any third-party material is included in your Article, you will notify INTA in writing and you warrant you have obtained all necessary rights to include it and INTA’s exercise of the rights you have granted herein will not infringe those third-party rights; if requested, you will provide INTA with a copy of your written permission from the copyright owner;
  • warrant the Article was not created as a work-made-for-hire for any current or former employer or any other third party, and
  • grant INTA the right to use your name, likeness, and biography in connection with the Article and promotion of the Article.

 

8. Using Our Site

By accessing our Site and Services, you warrant that your use of the Site, including any provided User Content or Articles:

  • will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • will not reproduce or resell any Site Content or any part of our Site or Services by any means;
  • will use our Site and Services only as explicitly authorized and in compliance with these Terms and our policies made available to you;
  • will not use any Site Content, Site or Services for any revenue generating endeavor, commercial enterprise, or other purpose other than your personal, non-commercial use;
  • will not use any Site Content, Site or Services for any revenue generating endeavor, commercial enterprise, or other purpose other than your personal, non-commercial use;
  • will not take any action that imposes an unreasonable or disproportionately large load on our Site or our third-party providers’ infrastructure;
  • will not include any unlawful, defamatory, harassing, abusive, fraudulent, hateful, harmful, sexually explicit, threatening, obscene or otherwise objectionable language or content; and
  • will not imply or state that we endorse any statements, actions, goods, services, or activities; and
  • will not bypass or circumvent (or attempt to bypass or circumvent) any measures we may use to restrict access to any part of our Site.

You acknowledge and agree that we have the right in our sole discretion at any time with or without notice and in whole or in part: (A) to modify or terminate our Site, Site Content and Services; (B) to modify any eligibility criteria to use any portion of the Services; and (C) to suspend or terminate any user’s access to our Site or Services.

INTA does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information (collectively, “Unsolicited Materials”) via our Site, email, or other means. All Unsolicited Materials will become and remain INTA’s property.

 

9. Use of Name, Likeness, and Voice

If you participate in INTA-related activities (e.g., an annual meeting), you acknowledge and agree that INTA may take photographs or audio/video recordings of you (collectively, “Photographs”) and you irrevocably and hereby grant INTA a worldwide, royalty-free right to use the Photographs (including your likeness and voice included therein) on INTA’s Site and in other materials and media provided by or on behalf of INTA now known or later developed.

 

10. Release

To the maximum extent permitted by applicable law, you irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members, and executors and/or any member organization of which you are an employee), INTA and its directors, officers, employees, service providers, licensors, sponsors, suppliers and agents from any claim of any nature that you have or may ever have arising out of your use of our Site, Services, and Site Content and our use of your User Content, Articles, Photographs and your name, likeness, and other identifiable traits in connection with User Content and any intellectual property related to the foregoing as otherwise described in these Terms. If you are a California resident, you waive rights under California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.

 

11. Disclaimers

Site Content is provided as a source of general information only. You should always seek legal advice from a professional with full knowledge of your specific circumstances when making any decision concerning legal matters. Trademark and related intellectual property laws vary from country to country and between jurisdictions in some countries. Therefore Site Content will not be relevant or accurate for all countries or jurisdictions. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees that the content on our site is accurate, complete or up to date. INTA reserves the right to modify Site Content (including any price information), in whole or in part, without notice at any time for any reason.

OUR SITE, SERVICES, AND SITE CONTENT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND SITE CONTENT (INCLUDING USER CONTENT), INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, SUITABILITY OR RELIABILITY OF ANY SERVICES OR SITE CONTENT (INCLUDING USER CONTENT AND ARTICLES) AVAILABLE THROUGH OUR SITE OR THROUGH LINKS TO THIRD-PARTY SITES, INCLUDING THAT OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT AND ARTICLES) WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND SITE CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT AND ARTICLES), YOU DO SO ENTIRELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

 

12. Limitation of Liability

INTA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT), FROM ANY THIRD-PARTY SITES OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL INTA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, LICENSORS, SPONSORS, SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT), ANY THIRD-PARTY SITES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) WILL BE THE GREATER OF: (1) ANY FEES YOU PAID TO INTA IN THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $ US 50.00. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT DOWNLOADING ANY SITE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY COMPUTER, DEVICE, NETWORK, SOFTWARE OR HARDWARE OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

 

13. Indemnification

You agree to indemnify and hold INTA and its directors, officers, employees, service providers, licensors, sponsors, suppliers and agents (“Indemnified Parties”) harmless against all liabilities, losses, damages, claims, expenses and costs (including reasonable attorneys’ fees) that any of the Indemnified Parties may incur arising out of or related to your use of (or linking to) our Site, Services or Site Content (including User Content and Articles) or Third-Party Sites, your violation of these Terms or any Supplemental Terms, your violation of applicable laws, rules or regulations, or your violation of any intellectual property rights or rights of another party. We reserve the right to assume the exclusive defense and control of the defense or settlement of any such claims for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

 

14. Links To and From Third Party Sites; Framing and Metatags

 

Links to Third-Party Sites

As a convenience, our Site includes links to web sites controlled and maintained by third parties (“Third-Party Sites”). We do not endorse any Third-Party Site and are not responsible, directly or indirectly, for any Third-Party Site’s content, activities, goods, services, policies or practices. You acknowledge and agree that you access any Third-Party Site at your sole discretion and risk and you expressly release INTA from any liability, loss, or damage of any nature arising from your use of any Third-Party Site. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites’ terms of use and privacy policy, which you should review carefully.

Links from Third-Party Sites

INTA permits you to link from Third-Party Sites to our Site subject to the following:

  • Links may be text-based using the words: “International Trademark Association,” “INTA” or “inta.org” only. You may not use the INTA logo or any other trademark as a link to INTA.
  • By linking, you acknowledge and agree to these Terms.
  • You may not create frames around INTA’s webpages or use other techniques that alter in any way the visual presentation or appearance of our Site.
  • You may not misrepresent your relationship with INTA or present false or misleading impressions about INTA. No links to our Site may be used in a manner that implies or suggests that INTA approves, endorses, or is affiliated with you, your website, or your goods, services, or activities unless INTA may have agreed separately with you in writing in each case.
  • INTA has no responsibility or liability for any content appearing on your website.
  • No link(s) to our Site may appear on any page of your website or within any context containing content that may be interpreted as libelous, obscene or criminal; which infringes or otherwise violates (or advocates the infringement or other violation of) any third party rights.
  • INTA reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to our Site from your website and you agree to comply with such request. INTA reserves the right to disable or block any unauthorized links or frames.

Frames and Metatags

You may not: (A) frame, mirror, or archive our Site or any Site Content unless you first obtain our prior written consent in each case; and (B) use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.

 

15. References to INTA Services

Information on our Site may reference INTA Services that are not announced or available in your country. These references do not imply that INTA intends to announce those Services in your country. Please contact INTA for information regarding the Services that may be available to you.

 

16. General Provisions

These Terms, which include the Privacy Policy, are the complete agreement between you and INTA regarding your use of our Site, Site Content (including User Content), and related Services and activities and supersede all other prior agreements (oral or written) regarding its subject matter except that you will also be governed by any (A) Supplemental Terms we provide in connection with particular features and Services; and (B) additional agreements we enter into with respect to specific activities (e.g., submitting an Article). These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York. If you choose to access our Site from jurisdictions other than the United States, you are responsible for complying with any applicable local laws. Except to the extent the arbitration below may apply, you irrevocably agree: (i) to bring any claim or dispute relating to your use of our Site, Site Content, and Services and these Terms exclusively in the state and federal courts located in the State and County of New York; (ii) to submit to the exclusive jurisdiction of those courts; and (iii) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.” These Terms may not be interpreted or construed to confer any rights or remedies on any third parties. If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

YOU AGREE THAT YOU MUST BRING ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE, SITE CONTENT (INCLUDING USER CONTENT), AND SERVICES WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE YOU WILL BE PERMANENTLY BARRED FROM BRINGING THE CAUSE OF ACTION.

 

17. Arbitration

At our sole discretion, we may require you to submit any disputes arising under these Terms (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration in New York City under the Rules of Arbitration of the American Arbitration Association (in effect at the time of the arbitration, except as they may be modified herein) applying New York law. The language to be used in the arbitral proceedings shall be English. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The arbitration award shall be final and binding on the parties. The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and INTA shall be responsible for their respective attorneys’ fees and expenses. If this arbitration provision is invalidated in whole or in part, you and INTA agree that the federal and state courts located in the Southern District of New York will be the exclusive jurisdiction and venue for any claim arising out of these Terms of Use and your use of our Site.

 

18. Questions

If you have any questions or feedback concerning our Site, please email us at: [email protected].

 

19. Additional Policies and Selected Supplemental Terms