Trademark Notice

DFEST TRADEMARK NOTICE AND USER AGREEMENT

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Diversafest(TM) and/or DFEST(TM) Trademark and Logo Usage Requirements. Updated: May 6, 2006 Preface These Diversafest and/or DFEST Trademark and Logo Usage Requirements ("Usage Requirements") set forth Diversafest and/or DFEST's rules for using or referring to Diversafest and/or DFEST's brands, trademarks, product and service names, logos and slogans. They apply to all Diversafest and/or DFEST organizations worldwide and to Diversafest and/or DFEST resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Diversafest and/or DFEST trademarks. Diversafest and/or DFEST reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties. Table of Contents Preface
I. Rules of Proper Trademark use
A. Company Name Use
B. Proper Trademark Attribution: Symbols and Legends
1. Trademark Symbols
2.Trademark Legends
C. Use of Diversafest and/or Dfest Logos
1.General Rule: Do Not Assume You are Permitted to Use Diversafest and/or Dfest Logos.
2. Diversafest and/or Dfest Logos You Can Use.
3.No Re-Logoing, Co-Logoing, or Logo Removal. F. Use of Diversafest and/or Dfest Trade Dress by Third Parties Prohibited.
D. Promptly Report Suspected Infringements.
II. Use of Diversafest and/or Dfest Trademarks with Non-Diversafest and/or Dfest Goods or Services
A. No Use of Diversafest and/or Dfest Marks in Non-Diversafest and/or Dfest Company, Product, or Service Names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Diversafest and/or DFEST Trademark.
C. Proper Descriptions of Non-Diversafest and/or DFEST Products and Services
1. Accuracy.
2. Relationship to Diversafest and/or DFEST.
3. Compatibility or Conformance to Published Specification.
4. Prominence
5. Proper Use of Symbols and Legends.
6. Do Not Attempt to Claim Rights in Diversafest and/or DFEST Trademarks.
D. Special Guidelines for Descriptive Use of Diversafest and/or DFEST Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.
1. Purpose.
2. Application.
3. Make the Source Clear.
4. Spacing and Formatting.
5. Follow All of the Ordinary Trademark Rules.
6. Some Important Pitfalls to Avoid E. Permitted Descriptive Use of the Diversafest and/or DFEST Trademarks on Web Sites and Domain Names.
1. The content of the website meets all of these Usage Requirements
2. The use of the domain name is not misleading or likely to cause confusion; and
3. The use meets the following additional standards
III. How to reach Diversafest and/or DFEST's Marketing & Brands Legal Department I. Rules of Proper Trademark Use. A. Company Name Use.
The "Diversafest and/or DFEST" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Diversafest and/or DFEST" name as a reference to the company, "Diversafest and/or DFEST" may be used as a noun and no TM symbol is needed. For example, the sentence "Diversafest and/or DFEST announced a new schedule of performing artists" would be an appropriate use.
B. Proper Trademark Attribution: Symbols and Legends.
Trademark ownership is attributed in two ways, with the use of a trademark symbol (, , or ®) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. Remember, mere inclusion of a trademark symbol and legend does not entitle you to use a Diversafest and/or DFEST trademark! For information on how to properly use a Diversafest and/or DFEST trademark in association with a non-Diversafest and/or DFEST product or service, please see Section II of these Usage Requirements.
1. Trademark Symbols:
Assuming you are permitted to use a Diversafest and/or DFEST trademark, please make sure to attribute the mark with the use of TM with the Diversafest and/or DFEST logo. For all other Diversafest and/or DFEST trademarks, do not use the ® symbol, but instead use the symbol for products, or the symbol for services. The symbol should be placed immediately after the trademark, either in superscript or in parenthetical form, such as , TM, , , tm, , , SM, , , sm, , etc. Trademark symbols should be used on Diversafest and/or DFEST trademarks as follows:
a. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.
b. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of body copy.
c. Always use the appropriate symbol incorporated into any of Diversafest and/or DFEST's logos.
2. Trademark Legends:
The trademark legend is the legal text that identifies Diversafest and/or DFEST's trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.
Unless you have an agreement with Diversafest and/or DFEST that indicates otherwise, use the standard Diversafest and/or DFEST legend in any material referencing more than one Diversafest and/or DFEST trademark. Parties other than Diversafest and/or DFEST may instead use the abbreviated Diversafest and/or DFEST legend. Please note that third party licensees will often be legally obligated by license to use a Diversafest and/or DFEST trademark legend that also indicates that the Diversafest and/or DFEST trademarks are used under license.
STANDARD DIVERSAFEST AND/OR DFEST LEGEND (for use by Diversafest and/or DFEST or third parties):
"Diversafest and/or DFEST, Diversafest and/or DFEST Music Conference & Festival, the Diversafest and/or DFEST Logo [insert all other Diversafest and/or DFEST trademarks, logos, product names, service names, program names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of Diversafest, LLC and/or DFEST in the United States and other countries." ABBREVIATED DIVERSAFEST AND/OR DFEST LEGEND (for use by third parties only):
"[Insert all Diversafest and/or DFEST trademarks that are referred to or displayed in the document] are trademarks or registered trademarks of Diversafest LLC and/or DFEST in the U.S. or other countries."
Note to Diversafest and/or DFEST employees: For further information on when it is appropriate to use an abbreviated legend, please contact ads@dfestgraphics.com
E. Use of Diversafest and/or DFEST Logos.
1. General Rule: Do Not Assume You are Permitted to Use Diversafest and/or DFEST Logos.
Except as specifically provided by license or other agreement with Diversafest and/or DFEST, third parties may not use any Diversafest and/or DFEST logo for any purpose. Even when accurately describing a relationship with Diversafest and/or DFEST or support of Diversafest and/or DFEST's technology, third parties should not use a Diversafest and/or DFEST logo in the absence of an agreement. This includes all logos, the Diversafest, LLC and/or DFEST corporate logo, and other product and program logos.
2. Diversafest and/or DFEST Logos You Can Use.
Diversafest and/or DFEST does have several logo programs granting third parties permission to use a Diversafest and/or DFEST logo. For instance, Diversafest and/or DFEST maintains logo programs to indicate technological compatibility, conformance to specific requirements, membership in programs, alliances with Diversafest and/or DFEST, etc. Third parties may not use these logos without a specific agreement to do so.
To find out more about Diversafest and/or DFEST's logo programs, please requestion info via ads@dfestgraphics.com
3. No Re-Logoing, Co-Logoing, or Logo Removal.
Resellers of Diversafest and/or DFEST products may never alter or modify the Diversafest and/or DFEST corporate logo or Diversafest and/or DFEST trademarks that are affixed to or appear on the Diversafest and/or DFEST products they resell. Similarly, re-logoing (replacing a Diversafest and/or DFEST trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Diversafest and/or DFEST product) are not permitted in the absence of a written agreement with Diversafest and/or DFEST.
F. Use of Diversafest and/or DFEST Trade Dress by Third Parties Prohibited.
Third parties generally are prohibited from using Diversafest and/or DFEST trade dress for their own products, including any of the distinctive ornamental features of Diversafest and/or DFEST products and packaging. Any such use must be approved by Diversafest and/or DFEST Legal.
G. Promptly Report Suspected Infringements.
Please report any infringement of Diversafest and/or DFEST trademarks or trade dress to ads@dfestgraphics.com Please provide as much detail as possible regarding the identity of the possible infringer and well as the suspected infringing use. II. Use of Diversafest and/or DFEST Trademarks with Non-Diversafest and/or DFEST Goods or Services Only certain, approved uses of Diversafest and/or DFEST trademarks may be made by Diversafest and/or DFEST business allies, licensees, and other third parties. In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of a Diversafest and/or DFEST trademark or logo in association with a third party product or service.
A. No Use of Diversafest and/or DFEST Marks in Non-Diversafest and/or DFEST Company, Product, or Service Names.
Unless a third party enters into a written agreement with Diversafest and/or DFEST, third parties generally may not use any Diversafest and/or DFEST trademark (including the Diversafest and/or DFEST marks), as all or part of their company or product names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Diversafest and/or DFEST Trademark.
Unauthorized use of Diversafest and/or DFEST trademarks or of marks that are confusingly similar to Diversafest and/or DFEST trademarks may constitute an infringement of Diversafest and/or DFEST's trademark rights.
C. Proper Descriptions of Non-Diversafest and/or DFEST Products and Services
While a third party is not permitted to incorporate a Diversafest and/or DFEST trademark into the name of its product or service, it can truthfully and fairly describe its products by referencing their relationship to Diversafest and/or DFEST's products and services. For example, to indicate that a third-party product is intended for use with Diversafest and/or DFEST technology, a third party may use a descriptive phrase (sometimes called a "tagline") that truthfully states this fact. A descriptive phrase using a Diversafest and/or DFEST trademark must meet the following additional requirements:
1. Accuracy. The descriptive phrase must be accurate and not misleading.
2. Relationship to Diversafest and/or DFEST. Diversafest and/or DFEST trademarks may not be used in a manner that will cause potential confusion about the relationship between Diversafest and/or DFEST and the third party product or service, for example, implying sponsorship or endorsement by Diversafest and/or DFEST that does not in fact exist.
3. Compatibility or Conformance to Published Specification. Diversafest and/or DFEST trademarks may not be used in a manner that improperly or inaccurately implies compatibility or conformance to any Diversafest and/or DFEST specification or platform. However, if a third party product or service fully conforms to Diversafest and/or DFEST's published specifications for one of our mission statement, the third party may use an appropriate descriptive phrase to reference or identify that fact.
4. Prominence. When using a descriptive phrase such as "for emerging artists" to indicate that the product is for use with Diversafest and/or DFEST, the third party's own product and company names must be displayed much more prominently than any Diversafest and/or DFEST trademark referenced so that the source of the third party product is clear.
5. Proper Use of Symbols and Legends. Descriptive phrases should properly attribute the trademark with an appropriate symbol and legend as described in Usage Requirement I.D.
6. Do Not Attempt to Claim Rights in Diversafest and/or DFEST Trademarks. Third parties may not state or suggest that they have, or are claiming rights, in any Diversafest and/or DFEST trademark.
D. Special Guidelines for Descriptive Use of Diversafest and/or DFEST Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.
Ordinarily, our Usage Requirements do not permit third parties to use Diversafest and/or DFEST trademarks in the name of a third party product or service. However, third parties may do so in the limited descriptive fashion described below.
1. Purpose. As a music conference and music festival, Diversafest and/or DFEST hopes and expects that the community of musicians, artists, businesses, and other innovators will seek out and share information about Diversafest and/or DFEST. Diversafest and/or DFEST's trademarks will often be a natural part of these discussions. To facilitate this discussion, Diversafest and/or DFEST has set forth these guidelines for the use of Diversafest and/or DFEST's trademarks in the titles of:
- Books, Magazines, e-zines, and other publications;
- Educational seminars;
- User groups;
- Trade Shows, Conferences, and Expos;
2. Application. These guidelines apply only to word marks, they do not apply to logos.
3. Make the Source Clear. When third parties use Diversafest and/or DFEST trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services. Customers must not be given the impression that Diversafest and/or DFEST is the source of a third party publication, educational seminar, user group, trade show, conference, or expo.
a. Diversafest and/or DFEST Trademarks Must Refer to Diversafest and/or DFEST Products or Services. When used in the title of a seminar, for example, the use of a Diversafest and/or DFEST trademark must be to describe the Diversafest and/or DFEST product or service, not the seminar. b. Third Party Name Must be More Prominent Than Diversafest and/or DFEST Trademark.
The company name and logo of the third party should appear in a prominent location on all materials relating to the publication, educational seminar, trade show, conference or expo.
c. Use of Legend.
If a Diversafest and/or DFEST trademark is used in the title of a publication, educational seminar, user group, trade show, conference, or expo, a trademark attribution legend should be used in the following form in the legal notices and publication block (if a magazine) and on all related materials referencing the Diversafest and/or DFEST trademark:
"[Insert the Diversafest and/or DFEST trademark, e.g. 'Dfest and all Dfest-based marks'] are trademarks or registered trademarks of Diversafest LLC and/or DFEST in the United States and other countries. [Insert publisher, producer or provider name] is independent of Diversafest LLCand/or DFEST"
4. Spacing and Formatting.
The following spacing and formatting rules apply to the use of a Diversafest and/or DFEST trademark in the title of a publication, educational seminar, user group, trade show, conference, or expo.
a. Publications and User Groups. A space must separate the Diversafest and/or DFEST mark from the rest of the title.
b. Trade Shows, Seminars, Conferences, and Expos. Unless Diversafest and/or DFEST is sponsoring your show or conference and you have entered into a written sponsorship agreement with Diversafest and/or DFEST that provides to the contrary, the name of any trade show, seminar, conference or exposition concerning a Diversafest and/or DFEST product, service or technology should begin with the producer's or sponsor's brand or name. 5. Follow All of the Ordinary Trademark Rules.
Except as outlined in this Usage Requirement II.D., these Usage Requirements apply to all third-party publications, educational seminars, trade shows, conferences or expos.
6. Some Important Pitfalls to Avoid:
a. Do not use any of Diversafest and/or DFEST's logos.
b. Do not do anything that might be understood to suggest association with or sponsorship by Diversafest and/or DFEST. (See Usage Requirement II).
c. Do not attempt to claim or establish trademark rights in the title. Since the above descriptive uses of Diversafest and/or DFEST trademarks are intended merely as a reference to Diversafest and/or DFEST's products and services (and not as a trademark use or form of branding your own products and services with Diversafest and/or DFEST's marks), you may not attempt to claim or establish trademark rights in the Diversafest and/or DFEST trademark portions of the name or title of your publication, seminar, user group, conference, trade show, or exposition. Do not register or use the entire name or title as a trademark, service mark, trade name or DBA (doing business as) name.
E. Permitted Descriptive Use of the Diversafest and/or DFEST Trademarks on Web Sites and Domain Names.
Third parties are permitted to use Diversafest and/or DFEST trademarks on web sites or in domain names as long as:
1. The content of the website meets all of these Usage Requirements;
2. The use of the domain name is not misleading or likely to cause confusion; and
3. The use meets the following additional standards:
a. The principal or secondary level domain name of the third party should not be identical or virtually identical to any Diversafest and/or DFEST trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by Diversafest and/or DFEST.
b. The web site owner should not use a Diversafest and/or DFEST trademark in his or her company name, product names, or service names. Thus, if the domain contains a Diversafest and/or DFEST trademark, that domain should not also be a company or product name.
c. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.
d. The web site should display a legal notice (a link is okay) that contains the following legend:
"[Insert Diversafest and/or DFEST trademark] is a trademark or registered trademark of Diversafest LLC and/or DFESTin the United States and other countries. [Insert website owner name] is independent of Diversafest LLC and/or DFEST"
e. The web site must otherwise comply with domain name registry policies and current laws regarding trademark infringement and dilution. III. How to reach Diversafest and/or DFEST's Marketing & Brands Legal Department Marketing & Brands Legal Department
Diversafest LLC [DFEST]
P.O. Box 33141
Tulsa, OK 74153-1141
Fax: (918) 742-0767
Internal Trademark Hotline: 918-640-9519 (C) Copyright 2000-2006 Diversafest LLC and/or DFEST. All rights reserved

GENERAL

This agreement is governed by the laws of the State of Oklahoma, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Tulsa, Oklahoma, U.S.A, in all disputes arising out of or relating to the use of the Dfest Web Sites/Services.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dfest as a result of this agreement or use of the Dfest Web Sites/Services.  You agree to indemnify and hold Dfest, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Dfest Web Sites/Services.  Dfest reserves the right to disclose any personal information about you or your use of the Dfest Web Sites/Services, including its contents, without your prior permission if Dfest has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Dfest or Its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others.  Dfest's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dfest's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Dfest Web Sites/Services or information provided to or gathered by Dfest with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.  Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dfest with respect to the Dfest Web Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dfest with respect to the Dfest Web Sites/Services.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.