These Biomuti Trademarks Usage Guidelines (these “Guidelines”) outline how Biomuti (Pty) Ltd. (“Biomuti”, “We”, “Our” or “Us”) permits the use of Biomuti’s trademarks, brandnames, tradenames, service marks, service names, domain names and logos (collectively, “Biomuti Trademarks”).
1. We have developed these Guidelines with the following goals in mind: We wish to make it easy for anyone to use the Biomuti Trademarks for Community-Oriented Efforts in a manner that helps spreading and improving Biomuti. “Community-Oriented Effort” means a non-profit project or meetup. If you wish to use the Biomuti name in a for-profit project, please contact us as specified below.
a. We wish to make it clear how Biomuti-related businesses and projects can, or cannot use the Biomuti Trademarks.
b. We wish to prevent anyone from using the Biomuti Trademarks in an unfairly profit form and to trick or confuse people who are looking for products and resources officially released by Biomuti.
Biomuti’s trademarks, brandnames, tradenames, service marks, service names, domain names and logos (collectively, “Biomuti Trademarks”).
2. You acknowledge and agree that We are the sole and exclusive owners of the Biomuti Trademarks and that We retain all intellectual property rights in and to the Biomuti Trademarks and goodwill associated with Biomuti Trademarks, and any goodwill generated by your use of any Biomuti Trademarks will inure to Our exclusive benefit. You shall at no time contest, challenge, encourage or aid third parties in contesting the validity or ownership of any Biomuti Trademarks or take any action in derogation of Our rights therein, including, without limitation, applying to register any trademark, tradename or other designation that is confusingly similar in any way to the Biomuti Trademarks.
3. Subject to the terms and conditions hereunder, We grant to you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use and display Biomuti Trademarks, solely in accordance with these Guidelines and other written instructions provided by us from time to time, and solely as a part of your business or personal project as long as all the following terms are met:
1. The Biomuti Trademarks shall not be displayed in a manner that implies that the project is affiliated with Biomuti. This doesn’t just mean that in order to comply with these Guidelines you can simply write “we are not affiliated with Biomuti” in your footer. Rather you must refrain altogether from using misleading business practices such as using a domain name comprising solely of the word “Biomuti” or just using Our logo as your website’s logo.
2. Your project must have discernible differences from the Biomuti’s products. Meaning, it is not a redistribution of the Biomuti products.
3. Your use of the Biomuti Trademarks is not displayed in a manner that implies that your project, products and/or services are endorsed or sponsored by Biomuti. For example, calling your project “Biomuti Media Gallery” is prohibited, whilst using “Media Gallery For Biomuti” is permitted.
4. If you add features or midification to the Biomuti’s products, you can state “Powered by Biomuti” but you cannot sell your products as “Biomuti”.
5. Any word that implies premium features, such as “Biomuti Gold”, “Biomuti Plus” or “Biomuti Platinum” is prohibited.
6. Using the Biomuti Trademarks’ colors as a part of your website’s branding is ok if you provide services based on Biomuti’s services or products. You shall not do so if this misleads people to think that the website is a formal Biomuti site.
7. Any deceptive practices, such as using domain names that are meant to mislead people to think that they are using an official Biomuti website are prohibited.
8. All use of Biomuti Trademarks (including any goodwill arising therefrom) shall solely benefit Biomuti. Any display of the Biomuti Trademarks shall be only in the exact format in which We provide it. No alternate stylization or representation or is permitted. Specifically, you may not change the color proportion, or font of any of Biomuti Trademarks, or make any additions to or remove any elements from Biomuti Trademarks.
9. Biomuti Trademarks shall not be placed on any background that interferes with the readability or display of that Biomuti Trademarks.
10. Biomuti Trademarks may not be displayed or used in any manner together with or in the context of any content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, discriminatory, fraudulent, threatening or vulgar; or which harms or may harm the goodwill of Biomuti (in Biomuti’s reasonable discretion). The above examples of unlawful and prohibited use do not constitute an exhaustive list
11. Unless you received Our explicit consent, under no circumstances is it permitted to use Biomuti Trademarks as part of a domain name or top-level domain name. We reserve the right to withdraw any abovementioned consent at anytime.
12. We do not allow the use of the Biomuti Trademarks in advertising, including AdSense/AdWords.
4. Use of any Biomuti Trademarks is at your own risk. The uses permitted hereunder are provided by Biomuti Trademarks “AS-IS”, without any warranties whatsoever, including (without limitation) any warranty of title and non-infringement. You hereby agree to defend, indemnify and hold harmless Biomuti and Biomuti affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from your use of the Biomuti Trademarks. Without derogating from or excusing your obligations under this section, Biomuti reserves the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
5. Biomuti reserves the right to change these Guidelines at any time, at its sole discretion, with immediate effect. In addition, where Biomuti finds that you are failing to comply with this policy, Biomuti may promptly extract you from its affiliates program and use any and all legal means in its power to stop your activity. Biomuti reserves the right, exercisable in its sole discretion, to take appropriate action against any use without permission or any use that does not conform to these Guidelines.
A few examples to help you understand how to apply these Guidelines:
Good:
• You want to open a Meetup group for Biomuti users in your area, and you call it “Biomuti CBD Meetup Group – Cape Town”.
Bad:
• You organize a meetup and call it “Biomuti 2019 Meetup”.
• You set up a website called “Biomuti-resellers.com”.
• You set up a website called “Biomuti-Jobs.io”
Ask Us:
When in doubt about your use of the Biomuti name or logo, please contact legal@Biomuti.com for clarification.
This may be relevant if you want to use the Biomuti Trademarks as a part of your conference, website, group or other logo or if you’re planning on selling any physical product, t-shirts, cups, sweaters or just print stickers.
