This News-Blazer Service Agreement ("Agreement") is by and between Trade Studios, an AZ individual ("Trade Studios"), and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Trade Studios's News-Blazer service (the "Services") and represents the entire agreement between You and Trade Studios. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including the Universal Terms of Service which Trade Studios may establish from time to time. Such Agreements may be found here.
All Trade Studios policies and agreements related to Your use of this service are incorporated herein and made part of this Agreement by reference. By purchasing and using the Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Trade Studios may establish from time to time, and any agreements that Trade Studios is currently bound by or will be bound by in the future.
1. the service
Trade Studios currently provides the News-Blazer service to its customers on per unit model. Trade Studios will provide You with the ability to monitor key words and police your Trademarks, provided, however, You abide by the terms and conditions set forth herein and in each of Trade Studios' s policies and procedures.
News-Blazer service allows You to:
- Create a customized list of your key words and Trademarks;
- Search the Internet for uses of the key words and Trademarks on your custom list; and
- Create and send cease and desist letters to infringers notifying them of Your rights to the Trademark.
Availability of Services
Subject to the terms and conditions of this Agreement, Trade Studios shall attempt to provide News-Blazer service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the News-Blazer service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Trade Studios may undertake from time to time; or (iii) causes beyond the control of Trade Studios or which are not reasonably foreseeable by Trade Studios, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Trade Studios has no control over the availability of News-Blazer service on a continuous or uninterrupted basis.
2. limitation on service
Trade Studios is a service provider, not a law firm. Therefore, Trade Studios will not proofread or conduct legal research or other such inquiries to ensure that You have a valid Trademark, the rights You assert using News-Blazer service are valid or that the infringer does not have a defense. The News-Blazer service does not act as legal representation and will not give You legal advice on how You should police your Trademarks. You specifically represent and warrant that You are the rightful owner of the Trademarks and that You are not infringing the legal or other rights of a third party by engaging Trade Studios's Services hereunder.
Trade Studios does not and cannot represent, warrant, guarantee, promise or otherwise assure You that:
- Any infringer will comply with Your requests;
- Your Trademarks are valid and enforceable; or
- That the infringer does not have a valid defense.
Furthermore, Trade Studios does not and cannot guarantee that creating and sending cease and desist letters from the News-Blazer service will cause You to be successful in any future litigation concerning Your intellectual property rights.
3. your obligations
By using the News-Blazer service, You agree that You are age eighteen (18) or over. The News-Blazer service is available only to persons who can make legally binding contracts under applicable law.
You also agree that You will not use the News-Blazer service to:
- assert rights You do not have, or
- harass others who have similar or senior rights in the Trademark or key word
You agree that You have provided accurate, current and complete information in the application process and that You will notify Trade Studios within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Trade Studios to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Trade Studios has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Trade Studios has the absolute right, in its sole discretion, to terminate its News-Blazer service and close Your account.
Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in News-Blazer service and all rights are reserved by Trade Studios. You agree that the News-Blazer service, the names and logos of Trade Studios and all related product and service names, design marks and slogans, are the property of Trade Studios and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of Trade Studios.
Storage and Security
At all times, You shall bear full risk of loss and damage to News-Blazer service. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your News-Blazer service. You shall be solely responsible for undertaking measures to: (i) maintain independent archival and backup copies of Your cease and desist letters; and (iii) ensure the confidentiality of Your password. Trade Studios' s News-Blazer service are not an archive and Trade Studios shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Trade Studios, whereupon Trade Studios shall suspend access to Your News-Blazer account by use of such password and issue a replacement password to You or Your authorized representative. Trade Studios will not be liable for any loss that You may incur as a result of someone else using Your password or Service, either with or without Your knowledge. However, You could be held liable for losses incurred by Trade Studios or another party due to someone else using Your Service or password.
4. Trade Studios 's rights
Trade Studios explicitly reserves the right and sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of News-Blazer service for excessive space and bandwidth utilization and to terminate Your Service or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of News-Blazer service, including but not limited to the maximum number of trademarks monitored or cease and desist letters sent through our servers and the maximum number of occasions that You may access our servers using News-Blazer service in any given period of time; (iv) terminate Your News-Blazer service for use of News-Blazer service to unnecessarily or illegal harass; assertion of rights not Yours to assert; non-payment of News-Blazer service fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Trade Studios determines to be harmful to its other customers, operations, or reputation; (v) terminate Your News-Blazer service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against Trade Studios or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate Your Service if You have not accessed or logged into it for ninety (90) days. If Trade Studios terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. Trade Studios has no obligation to monitor Your News-Blazer service, but reserves the right in its sole discretion to do so.
For every email You send out using News-Blazer service, You agree that Trade Studios may automatically attach a notice to it stating that the email was powered by News-Blazer service or a similar message.