Creation Date: January 1, 2010
Last Revision Date: March 10, 2011
This agreement covers your use of the WOWBUTTER.com Logo for application to any food or non food product made exclusively with WOWBUTTER as a Peanut Butter Replacement. We refer to all Company Logo’s as the "Logo" and, except where context requires otherwise and even if not expressly referenced in the applicable section, “Logo” includes all “Other Logos” and/or "Labels" of Company.
Your use of the Logo as accessed through a third party is still governed by this agreement – even if the terms or agreements applicable to such a third party state otherwise.
2. When You May Use the Logo.
3. How You May Use the Logo.
In using the Logo, you will:
4. How You May Not Use the Logo.
In using the Logo, you may not:
5. You Are Responsible for Your Use of the Logo.
Only you may use the downloaded Logo for application to products made using exclusively WOWBUTTER. You are responsible for ensuring that all products containing the Logo are 100% Peanut Free and/or Tree Nut Free. You may not authorize any third party to access and/or use the Logo on your behalf.
If you allow or enable a minor to use the Logo then:
(a) comply with the law or respond to lawful requests or legal process;
(b) protect the rights or property of the Company or our customers, including the enforcement of our agreements or policies governing your use of the Logo; or
(c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Company employees, customers, or the public.
7. Intellectual Property.
All content you receive from us (e.g., text, images, video, graphics, music, sound, games) associated with the Logo and its use (for purposes of this Section 7, we refer to all of these, as applicable, as “content”), your use of that content is under the terms of this agreement (including any statement of specific authorized uses or restrictions). You may not copy, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any content unless we have expressly allowed you to do so.
Trademark and other intellectual property laws and treaties protect the content and all other aspects of the Logo. We own the title, trademark, and other intellectual property rights in the content and Logo. You do not have ownership rights to any content made available or accessed on or in relation to the Logo, or any other aspect of the Logo, regardless of how the content and Logo are used, accessed, downloaded, or otherwise made available to you.
8. WE MAKE NO WARRANTY.
We do not provide any warranties for the use of the Logo. We provide the Logo "as-is," "with all faults," and "as available." The Company gives no express warranties, guarantees, or conditions under or in relation to the Logo, this agreement or its subject matter.
9. RELEASE OF LIABILITY.
You cannot recover from the Company any claims or direct damages resulting from supplied content or use of the Logo. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages as a result of received content or use of the Logo.
This applies to anything related to, but not limited to:
10. Changes to the Logo; If We Change the Logo.
We may change, delete, discontinue the Logo or change other content at any time and for any reason (or no reason). We may cancel or suspend use of the Logo at any time. Our cancellation or suspension may be without cause and without notice. Upon Logo use termination or cancellation, your right to use the Logo stops immediately. Once the Logo is cancelled or suspended, you must stop all use of the Logo.
11. Interpreting the Agreement.
All parts of this agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the Logo and/or content. It supersedes any prior agreements or statements regarding your use of the Logo and/or its associated content.
12. Choice of Law and Location for Resolving Disputes.
Claims for breach of this agreement will be subject to the laws of the Province of Ontario, without reference to conflict of laws principles. All other claims will be under the laws of the country to which you are located.
13. Copyright and Trademark Notices. All contents of the Logo are Trademarks of Hilton Soy Foods. Trademarks and other intellectual property laws and treaties protect all Logos and/or content provided.