Last Updated: June 25, 2020
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.
Please note that certain areas of our Site may offer features and information that are governed by supplemental policies and terms (“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.
3. Site Content
All content on our Site (“Site Content”) is protected by copyright and owned by INTA and its licensors. Our Site Content includes 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 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.
As more fully described under the Disclaimer section, Site Content is provided for information 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.
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 about 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.
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 from the Member Directory solely for your personal use. You understand any other use is expressly prohibited and 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 to suspend or terminate an Account or to restrict access to our Site at any time if it suspects you have not complied with these Terms 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 in any way that violates these Terms 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
INTA does not endorse any product, service, content, or message offered by its advertisers, sponsors, or exhibitors or other third parties.
7. User Content; INTA Bulletin
Our Site may contain features that permit users to submit content 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 it; (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, 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 an irrevocable, perpetual, worldwide, sublicenseable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display and perform 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 irrevocable, perpetual, worldwide, sublicenseable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display and perform 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 third parties this right;
- represent and warrant that the Article is original and has not been previously published;
- warrant you are the sole author of the Article and sole owner of the copyright in it;
- 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 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 your employer or any other third party;
- agree to hold INTA (and its officers, agents, employees, and volunteers) harmless from any liability, loss, damage, and expense (including third-party attorneys’ fees) that they incur arising from INTA’s use of the Article as granted in these Terms; 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, you warrant that you:
- 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 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 or services for any revenue generating endeavor, commercial enterprise, or other purpose other than your personal, non-commercial use;
- will not use any robot, spider, site search or retrieval application, or other manual or automatic means or process to retrieve, extract, index, or data mine any data or content on our Site or in any way reproduce or circumvent the navigational structure or presentation of our Site or Site Content;
- will not take any action that imposes an unreasonable or disproportionately large load on our Site or our third-party providers’ infrastructure;
- 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; 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 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 give INTA the worldwide, royalty-free right to use the Photographs (and your likeness and voice included in them) on INTA’s Site and in other materials and media now known or later developed in furtherance of INTA’s mission and any other purpose.
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, 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 and your name, likeness, and other identifiable traits in connection with User Content and 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.
Site Content is provided as a source of general information on trademarks and related intellectual property issues. 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. 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 “AS IS” AND “AS AVAILABLE.” 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) AVAILABLE THROUGH OUR SITE OR THROUGH LINKS TO THIRD-PARTY SITES, INCLUDING THAT OUR SITE, SERVICES OR SITE CONTENT (INCLUDING USER CONTENT) 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), 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 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. 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.
You agree to indemnify and hold INTA and its directors, officers, employees, service providers, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, services or Site Content (including User Content) or Third-Party Sites or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter 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
Links from Third-Party Sites
INTA permits links 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.” 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 must 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.
- You agree to indemnify INTA against any liabilities INTA may incur based on a claim arising out of 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 Products or Services
Information on our Site may reference INTA products or services that are not announced or available in your country. These references do not imply that INTA intends to announce those products or services in your country. Please contact INTA for information regarding the products and services that may be available to you.
16. General 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.
If you have any questions or feedback concerning our Site, please email us at: [email protected].