Trademark GuidelinesLast Updated: March 1, 2013 These OneScreen Trademark Guidelines (the "Trademark Guidelines") form a part of the OneScreen Terms and Conditions of Service Agreement (the "Agreement", available at http://legal.onescreen.com/tcos-agreement/) and other OneScreen agreements which incorporates these Trademark Guidelines by reference (each, an "OS Contract"), between OneScreen Inc. ("OneScreen") and you or the entity you represent ("you"). To the extent not defined herein, all capitalized terms shall have the meanings defined in the Agreement. These Trademark Guidelines provide you with limited permission to use the OS Marks (as defined below), in connection with your use of the OneScreen Services, any services or products intended for use with the OneScreen Services, or any OneScreen website, subject to the terms set forth herein and the Agreement, and/or additional terms as may be further described in any OS Contract. 1. Definitions. For the purposes of these Trademark Guidelines, "OS Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of OneScreen and its affiliates: (a) the OneScreen logos shown and described on our Logo Page (each, a "Logo"); and (b) "OneScreen(R)", "OneScreen ServicesSM", "OneScreen IPTV DevelopmentSM", "OneScreen ExchangeSM", "OneScreen Media ConsoleSM", "OneScreen Media Player", "OneScreen Media GraphSM", "Media GraphSM", "Powering the Media GraphSM", "Powered by OneScreenSM", and any other marks and services made available from time to time. 2. Limited Permission.
2.1. Parties. The permission described in this Section 2 shall be provided to you if you are:
(a) a OneScreen client in good standing with a current and valid account for use of the OneScreen Services and comply at all times with the terms of the Agreement (including these Trademark Guidelines) and any OS Contract to which you are a party; or
(b) an independent contractor to, or are otherwise a party to any written agreement with OneScreen for the provision of services between you and OneScreen (including its affiliates) and you comply at all times with these Trademark Guidelines.
2.2. Permission. Provided that you are a party of a type described above in Section 2.1, OneScreen grants you a limited, non-exclusive, non-transferable permission, under OneScreen's intellectual property rights in and to the OS Marks, and only to the limited extent of OneScreen's intellectual property rights in and to the OS Marks, for the following limited purpose, and only for such limited purpose: use the Logos, or the appropriate form(s) of the identifying convention described in Section 2.3 below in relation to the other OS Marks, in order to: (a) identify yourself as a client of the OneScreen Services; or (b) identify OneScreen and/or its affiliates as a party whose products or services are available for use with your Content.
Without limiting any provision of the Agreement, OS Contracts, or any other agreement you may have with OneScreen and/or its affiliates, you acknowledge that any use that you elect to make of the OS Marks, even if permitted under these Trademark Guidelines, is at your own sole risk and that OneScreen and its affiliates shall have no liability or responsibility in connection with such use. For the avoidance of doubt, you acknowledge and agree that your permission to use the OS Marks is a limited permission and that you may not use the OS Marks for any other purpose, and that you may not transfer, assign, or sublicense your limited permission to use the OS Marks to any other person or entity. You further agree that if you are a OneScreen client of the type described in Section 2.1(a) above, you shall comply with the most up-to-date version of the Agreement and these Trademark Guidelines, any relevant OS Contract to which you are a party, and any other terms, conditions or policies that OneScreen may issue from time to time which govern the use of the OS Marks. Your limited permission hereunder shall automatically terminate and you must immediately stop using the OS Marks if: (a) you are a party to the Agreement or any OS Contract and it is terminated, or your rights to use any OneScreen Service thereunder is suspended; or (b) if you are not a party to the Agreement or any other OS Contract, your written agreement with OneScreen is terminated or you are in breach thereof.
2.3. Permissible Use of the OS Marks. Except for the Logos (including all formatting requirements therefor set forth on our Logo Page, you may only use the OS Marks in a relational phrase using the conventions below:
Relational Phrases. Examples of Permissible Use:
"Content" available on the "OneScreen Media Graph"
You may replace "available on" in the example above with any of the following, so long as the term you use is accurate when used with the OS Marks you use: "available with/through/via/on"; "powered by"; "for use with/through/on"; "managed by"; "services provided by"; "services powered by"; or "powered by". "OneScreen Media Graph" may be replaced by other OS Marks, so long as your usage of the OS Marks is accurate.3. Modification and Termination. You acknowledge and agree that (except as otherwise expressly provided for in writing signed by OneScreen), without prior notice to you and at OneScreen's sole discretion: (a) OneScreen may modify these Trademark Guidelines at any time; (b) OneScreen may modify or terminate your limited permission to use the OS Marks, at any time in OneScreen's sole discretion, for any or no reason at all; and (c) that OneScreen and its affiliates reserve the right to take any and all actions against any use of the OS Marks that does not comply with the Agreement, an OS Contract, or these Trademark Guidelines. 4. No Affiliation or Endorsement. You will not display the OS Marks in any manner that implies or suggests that you are related to, affiliated with, sponsored or endorsed by OneScreen, or in any manner that could reasonably interpreted to suggest that your Content, website(s), or products or services, has been authored or edited by OneScreen, or represents the views or opinions of OneScreen or its affiliates. 5. No Disparagement. You may only use the OS Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the OS Marks, and you agree that you will not use the OS Marks to disparage OneScreen, its affiliates, or the OneScreen Services. 6. No Dominant Display; OS Marks Differentiation. You may not display any OS Mark as the largest or most prominent mark in any materials (including, without limitation, your website(s) or product or service literature) associated with your Content. When using any OS Mark (other than the Logos, with respect to which the formatting requirements are set forth on our Logo Page), you must distinguish the OS Mark from the your Content and/or other surrounding text by capitalizing the first letter of the OS Mark, capitalizing or italicizing the entire OS Mark, placing the OS Mark in quotes, or using a different style or color of font for the OS Mark. 7. Formatting & Appearance Requirements of Logos. OneScreen will make Logo images available to you from our Logo Page, subject at all times however to the formatting and appearance requirements set forth therein and the terms of these Trademark Guidelines. Except as otherwise expressly permitted by OneScreen, you agree that you may not remove, distort, or modify any element of the Logos provided. 8. Hyperlinking. You shall link each use of the OS Marks directly to the following URL, whenever technically feasible: http://www.onescreen.com. You may, in the alternative, link a OS Mark to a OneScreen detail webpage for the relevant OneScreen Service, provided that you must link to the primary URL for the applicable OneScreen Service (e.g. the "Media Graph" mark and logo may link to http://www.mediagraph.com). Any linking between an OS Mark and any other website is not permitted. 9. No Combination. You may not hyphenate, combine or abbreviate the OS Marks. You may not incorporate the OS Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the OS Marks in the name of any application, service or product, or in a URL to the left of the top-level domain name. 10. Attribution. You must include the following statement in any materials that include the OS Marks: "[OS Mark being used] is/are trademarks of OneScreen Inc. or its affiliates in the United States and other countries." The OS Marks must be designated at all times with the (R), (TM), or SM notice as they are displayed in Section 1 of these Trademark Guidelines. 11. No Misleading Use. You may not modify or alter any OS Mark, or display or use any OS Mark (whether by itself or in juxtaposition with any other mark, brand, logo, content or other materials) in such manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise harmful or otherwise objectionable as determined by OneScreen in its sole discretion. 12. Trade Dress. You may not imitate the trade dress or "look and feel" of any websites or pages contained in any websites belonging to OneScreen or its affiliates, including the branding, color combinations, fonts, graphic designs, product icons or other elements associated with OneScreen or its affiliates. 13. Compliance With Applicable Law. You may not use the OS Marks in any manner that violates any applicable United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. 14. All Rights Reserved. Except for the limited permission specified in Section 2 above, nothing in the Agreement, any OS Contract, or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any OS Mark or any of our or our affiliates' other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that OneScreen and its affiliates retain any and all intellectual property and other proprietary rights in and to the OS Marks. All use by you of the OS Marks including any goodwill associated therewith, shall inure to the benefit of Onescreen. 15. No Challenges. You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the OS Marks (except to the extent such restriction is prohibited by law) or OneScreen's (or its affiliates') registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the OS Marks. 16. Inquiries. If you have questions regarding your obligations under these Trademark Guidelines, questions about any OS Mark, or make use of any OS Mark in a manner not contemplated by these Trademark Guidelines (e.g. in commercial television or film production), please contact our marketing department at: email@example.com.