Terms of use for the website of Trademark Comparables AG

[last modified on April 22, 2014]

Welcome to www.markables.net, the website of Trademark Comparables AG. Trademark Comparables AG - having its principal offices at Bahnhofstrasse 48, 6430 Schwyz, Switzerland - is a provider of information concerning the value of trademarks and other intangible properties, and related valuation parameters.

 

LICENSE AGREEMENT

These terms of use (the “License Agreement”) is a legal License Agreement between Trademark Comparables AG (“TCAG” or “Us”) and you (“You” or “User”), and this License Agreement governs your use of the services (including database searching, transmission, organizing, statistical analysis, etc. - the “Services”) and content (including all data, text, graphics, transmissions, photographs, news, statistics, logos, etc. - the “Content”) provided on our website www.markables.net (the “Site”). If You do not agree to the terms of use of this License Agreement, You should immediately cease all usage of the Services, Content and Site.

 

TCAG reserves the right, at any time, to modify, alter, or update the terms of use of this License Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Services after amendments are posted constitutes an acknowledgment and acceptance of the License Agreement and its modifications.

 

Please read this License Agreement carefully. By clicking on the “I Agree – Create my account” button”, or by continuing to use this Site after your initial registration, You are binding yourself as the Licensee to the terms of this License Agreement.

 

Please review our Privacy Policy, which also governs your use of the Site and the Services and which is integral part of this License Agreement.

 

ACCESS TO THE SITE

You agree to provide complete and accurate information in your registration process, and You agree not to provide any registration information that is false, misleading or incorrect. You also agree to notify us if any of your registration information changes. If at any time we have any reason to believe that any of your registration information is inaccurate, untrue, incomplete or otherwise incorrect, we reserve the right to terminate this License Agreement and terminate your access and use of the Site and our Services. By accessing the Services and Content via the Site You represent and warrant that You are an authorized User. You will take all precautions to maintain the security of your password.

 

CONTENT

Our Content is based on publically available data from the financial reporting of public companies, from corporate press releases, from websites and from other information in the public domain, which we deem reliable sources. TCAG may make modifications and/or changes in this Site or in the Content at any time and for any reason. Our Content is updated on a regular basis. TCAG endeavors to provide the most accurate, up-to-date, reliable and complete Information through this Site. However it is expressly stated that any Information through this Site is provided on an “as is” and “as available” basis. Each company has differing levels of reporting details; sample trademark Records are for illustration only and do not represent the number of data points available on every Record, which varies. No guarantees or assurances can be made to the accuracy or completeness of any information provided or our Content.

 

LICENSE GRANT AND RESTRICTIONS OF USE

Subject to the terms and conditions of this License Agreement, TCAG hereby grants You a revocable, non-exclusive, non-transferable limited license to access and use (without the right to sub-license) on a confidential, password-restricted basis, the Service, for the limited purpose of enabling You to access data records within the Content. TCAG does not convey any proprietary rights or other interest in the Service and Content other than this license granted herein. All information provided by TCAG on the Site as part of the Services is for informational purposes only.

 

The license is granted on a Pay-As-You-Go or Pay-Per-Record Service; no subscription fees or other flat fees apply. You pay per trademark profile (“Record”) that you select through the MARKABLES search engine. Payment is made upon checkout, or through a prepaid credit account. Access to the full content of purchased Records is provided immediately upon payment. Prices per Record and payment plans can be found in the current price list displayed on the pricing section of this Site. Upon payment, each purchased Record is transferred to your user account. Through your account, you have unlimited access to purchased Records for a period of 12 months after purchase.

 

All sales and purchases are final once payment is made and accessibility of Records is provided.

 

By becoming a Licensee and User of the Site and of our Services, You understand, accept, and agree to the following:

(1) Content can be inaccurate and/or incomplete.

(2) Content can be mistakenly re-released or be delayed.

(3) Content may be incorrect, misread, misinterpreted or misunderstood.

(4) Content is not adapted to the use of each individual and therefore can be unsuitable for You and your specific requirements.
(5) User/You are fully responsible for the selection of Records from MARKABLES and their classification as being in any way comparable or benchmarkable to your decision or valuation situation.

(6) Human error is a business risk You are willing to assume.

(7) Technology can fail.

(8) Only one individual User can access the service with a specific password.

(9) No individual may have more than one User Id within the Service.

(10) A User Id may only access the Site and the Services from one computer at any given time

(11) User/You may not allow non-registered members to access the Site with your username and password, including non-employees, subcontractors or third parties as You personally will remain responsible and liable for any access to the Site and Services through your User Id and password.

(12) You will not directly or indirectly reuse, rebroadcast, copy or distribute (including but not limited to data, text, ideas, features, functions and graphics), modify or create derivative works of the Content on the Internet, web, print or elsewhere.

(13) You will not directly or indirectly frame or mirror any Content or any portion of our Site.

(14) You will not directly or indirectly reverse engineer, disassemble, de-compile, translate, or attempt to derive from the source code the Content or Services or any part thereof without prior written permission of the TCAG.

(15) You will use the Content and Services in a manner that complies with all applicable laws in the jurisdictions in which You use them, including application restrictions on copyright and intellectual property rights.

(16) You will not directly or indirectly assemble or use the Content or Services in a manner to compete with our Services.

 

 

COPYRIGHTS

The Content and Information made available through the Services and on the Site (including all data, reports, transmissions, text, graphics, user interfaces, visual interfaces, photographs, video, audio, artwork, computer and html code, programs, and software) is the sole property of TCAG and is confidential and proprietary information of TCAG, comprising works of original authorship, including compiled Information containing MARKABLES selection, arrangement and expression of such Information or pre-existing material it has created, gathered or assembled; and trade secret and other confidential information, including information that derives value or potential value from not being readily known or available. All Content and Information is protected by Swiss and Worldwide copyright and intellectual property laws and regulations.

 

Content made available to You is licensed to You by TCAG for your own personal use only and such Content may not be copied, distributed, disseminated, retransmitted, rebroadcast, republished, uploaded, posted, compiled, prepare derivative works based upon, modified, performed, displayed, reproduced or otherwise used in any manner, and nothing shall imply any license or right otherwise. Unless otherwise specifically authorized by TCAG in writing, the Content distributed via the Service may not be viewed or otherwise displayed in areas open to the public, including, without limitation, commercial establishments. You may not rebroadcast or transmit the Content or charge admission for its viewing/use. As outlined above, You may not permit other individuals to access Content and Services with your individual User account, even if your license is a company or division license. You shall not remove or permit others to remove any proprietary legend or restrictive notice from any Confidential Information, including the TCAG service. Any copies of Confidential Information made by You under the terms of this License Agreement must include the copyright, trademark, service mark, and other proprietary notices that appear on such Confidential Information, as originally provided to You.

 

TRADEMARKS

Trademark Comparables, MARKABLES, and all other trade dress, names, logos, and icons identifying Trademark Comparables AG and its programs, products, and services are proprietary trademarks of Trademark Comparables AG, and any use of such marks and domain names is strictly prohibited by Swiss and international trademark law. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners.

 

TERMINATION

In the event of You acting in material breach of this License Agreement, TCAG may close your personal account and suspend or terminate the Service to You without prior notice. In such event you must destroy immediately all downloaded Content from the Site in your possession, custody or control. TCAG may terminate the Services of this Site at any time. In such event, You will have access to your personal account for a period of 18 months after termination.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TCAG’s Service, including all Content, functions, materials and Information made available on or accessed through the Site, are provided on an “as is”, “as available” basis without representation or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. To the fullest extent permitted by applicable law, TCAG makes no representations or warranties of any kind regarding the use or the results of the Services, Content or its Site in terms of its correctness, accuracy, reliability, ability or failure to operate as intended, or incomplete or incorrect information, or otherwise and TCAG shall have no liability for the use of the Services, Content or the Site. You acknowledge that the Services may contain bugs, errors and other problems that could cause system failures or that the Services may not perform all functions for which it is intended or represented and the use of the Services is entirely at your sole risk.

 

By signing in to the Site, You hereby assume all liabilities (financial and/or non-financial) and consequences for any losses that may arise from any information and Content provided by TCAG or your use of the Services. If You are using this Content to engage in valuations, transactions or investments, You acknowledge these activities involve a high degree of risk, and financial losses can and do occur on a regular basis and are part of the risk of valuing, transacting and investing. By signing into this Site and using the Services You agree to release TCAG and all its member contributors from any financial and non-financial liabilities. You hereby assume any and all losses or liabilities resulting from any direct or indirect valuation, transaction or investment decisions You make as a result of any information provided by TCAG, whether through the Services or otherwise. In no event shall TCAG or any of its officers, directors, employees, shareholders, affiliates or agents be liable for any direct, special, incidental, indirect, punitive or consequential damages that are directly or indirectly related to the use of, or to the inability to use, TCAG’s Service or the Content, materials and functions, including without limitation loss of revenue or anticipated profits or lost business or lost sales or goodwill. Notwithstanding the aforesaid, total liability of TCAG for any reason whatsoever shall not exceed the total amount paid by You to TCAG in connection with the subject matter of the particular dispute.

 

MISCELLANEOUS

This License Agreement constitutes the sole legal basis between You and TCAG for the use of the Site and its Content and replace all previous Agreements. If any provision of this License Agreement should be invalid, the validity of the other provisions shall be unaffected and remain in full force and effect. This License Agreement is governed by Swiss law and shall be interpreted and applied accordingly. By signing in to the Service, You agree to the exclusive jurisdiction of the Swiss courts at the seat of TCAG. TCAG reserves the right to take injunctive measures or legal action at the seat of User or any other competent court.