Service Mark License AgreementTHIS AGREEMENT is made, effective immediately, by and between INTERNATIONAL SMART TAN NETWORK, INC., a Michigan corporation, with a principal place of business at 3101 Page Avenue, Jackson, Michigan 49203 (hereinafter 'Licensor') and member (the user of this web page) by virtue of member's acceptance of the terms and conditions of membership in the Smart Tan Network, hereinafter referred to as LICENSEE,
WHEREAS, Licensor is the owner of the service marks 'SMART TAN', 'SUN IS LIFE', 'TANNING TRUTH', and 'WE ARE SUNSHINE', for use in connection with the following goods and services: educational and promotional services associated with operation of tanning parlors (hereinafter 'the Marks'); and
WHEREAS, the parties hereto desire that Licensee use the mark in connection with the following goods and services: educational and promotional services associated with operation of tanning parlors, on the terms and conditions hereinafter set forth:
NOW, THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the parties agree as follows:
* LICENSE: Licensor hereby grants Licensee, the Non-exclusive right to use the Marks in connection with the above-mentioned goods and services, and in all advertising and promotion for those goods and services, provided that Licensee offers and sells the goods and services in accordance with the quality standards and specifications approved by Licensor.
* GOODS AND SERVICES: Licensee agrees to use the Marks only in connection with approved tanning services in compliance with the standards, specifications, directions, information and know-how supplied by Licensor. Licensee agrees not to incorporate any of the Marks in the name or signage for any business.
* MARKS: Licensee agrees to comply with any requirements established by Licensor concerning the style, design, display and use of the Marks; to correctly use the trademark symbol ™ with every use of the mark and to use the registration symbol ® upon receiving notice of registration of the mark from Licensor; and to submit upon request its use all advertising copy, labels, stickers or packaging incorporating any of the Marks to Licensor for approval.
* RIGHT TO INSPECT: Licensee agrees to submit to Licensor from time to time and to permit Licensor or its duly authorized representative the right to inspect the services offered pursuant to this Agreement.
* QUALITY CONTROL: When requested, Licensee agrees to send samples of advertising and promotional materials, bearing the Marks, any documents related to the promotion and sales of the services, and any other documents which may permit Licensor to determine whether the services uses meet the standards, specifications and directions approved by Licensor.
* OWNERSHIP: Licensee agrees that ownership of the Marks and the good will relating thereto shall remain vested in Licensor both during the period of this Agreement and thereafter, and Licensee further agrees never to challenge, contest or question the validity of the Marks, Licensor's ownership of the Marks or any registration thereof by Licensor.
* POLICING OF MARK: Licensee agrees to inform Licensor of the use of any marks similar to the Marks and any potential infringements of Licensor's mark which come to its attention.
* INDEMNIFICATION: Licensee hereby assumes all responsibility for and agrees to indemnify Licensor against any and all damages, losses, claims, suits or other expenses whatsoever arising out of Licensee's promotion, advertising, use or sale of goods and services under the Marks, including Licensor's reasonable attorneys' fees incurred in the defense of any such action against Licensor.
* TERM: This Agreement shall continue during the term of Licensee's membership with the Licensor, and shall terminate upon termination of said membership. Licensor may also terminate this License at any time, with or without cause, upon 30 days written notice to Licensee.
* ROYALTIES: In consideration for this license, Licensee agrees to maintain its account of amounts owed to the Licensor in current status at all times.
* SUBLICENSING: Licensee may not sublicense any of the rights granted herein.
* ASSIGNMENT: This Agreement is not assignable by Licensee without the prior written consent of Licensor. This Agreement will inure to the benefit of the Licensor, its successors and assigns.
* CHOICE OF LAW: This Agreement shall be interpreted under the laws of the State of Michigan, and the courts of the State of Michigan shall be the exclusive forum for any dispute arising concerning this agreement.
* WAIVER: The waiver by either Party of a breach of a provision of this Agreement shall not operate or be construed to invalidate the balance of the provisions contained in this Agreement, which shall continue to remain in effect or to acquiesce to further breaches of that provision.
* SEVERABILITY: The finding by any court that a provision of this Agreement is invalid shall not operate or be construed to invalidate the balance of the provisions contained in this Agreement, which provisions shall continue to remain in full force and effect.
* ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties relating to the subject matter hereof, and all prior proposals, discussions or writings are superseded hereby. The terms of this License shall be binding upon and shall inure to the benefit of the parties and their successors, heirs and assigns.
Web Site Terms and Conditions of Use
1. TermsBy accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on International Smart Tan Network's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on International Smart Tan Network's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by International Smart Tan Network at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DisclaimerThe materials on International Smart Tan Network's web site are provided "as is". International Smart Tan Network makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, International Smart Tan Network does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. LimitationsIn no event shall International Smart Tan Network or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on International Smart Tan Network's Internet site, even if International Smart Tan Network or a International Smart Tan Network authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and ErrataThe materials appearing on International Smart Tan Network's web site could include technical, typographical, or photographic errors. International Smart Tan Network does not warrant that any of the materials on its web site are accurate, complete, or current. International Smart Tan Network may make changes to the materials contained on its web site at any time without notice. International Smart Tan Network does not, however, make any commitment to update the materials.
6. LinksInternational Smart Tan Network has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by International Smart Tan Network of the site. Use of any such linked web site is at the user's own risk.
8. Governing LawAny claim relating to International Smart Tan Network's web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.