Terms of Use

Last Modified: June 10, 2024

Illustrated IP, LLC (“Illustrated IP,” “we,” “us,” or “our,” as applicable) provides the website thatsatrademark.com (together with all subdomains, related websites, and related social media accounts, the “Website”). In this policy, “use of the Website” or similar language means your accessing, visiting, or browsing the Website, sending or receiving email or other electronic communications to or from us, and other similar events or services offered in connection with the use or access of Website.

THIS WEBSITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS WEBSITE. ‍

Amendment to Terms of Use

We reserve the right to amend or replace these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal communication. You are responsible for reviewing these Terms of Use upon each visit to the Website. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this webpage.

User Representations and Prohibited Uses

You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use; and (d) your use of the Website shall be in accordance with these Terms of Use, and all applicable laws, rules or regulations.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

·      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US or other countries);

·      To send, knowingly receive, upload, download, use, or re-use any information or material which violates these Terms of Use;

·      To impersonate or attempt to impersonate Illustrated IP, an Illustrated IP employee, an Illustrated IP author or artist, another customer, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or

·      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Illustrated IP or users of the Website or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Illustrated IP reserves the right, at its sole discretion, to change, suspend or discontinue any or all aspects of the Website, including but not limited to features and functionality, for any reason, at any time without notice. Illustrated IP may impose limits or restrict the volume of usage of the Website without notice or liability.

Limited Right to Use the Website

These Terms of Use permit you to use the Website and their entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) for your personal use only, and you agree not to sell, resell, share, distribute, copy, or reproduce, for any purpose, any communications from the Website.

Copyrights, Trademarks, and Service Marks

The Website, and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws. The content of the Website is copyrighted and any unauthorized use of the Website may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use.

There are a number of proprietary logos, service marks, trademarks, and slogans (“Marks”) found on the Website. By making these Marks available on the Website, Illustrated IP is not granting you a license to use them in any fashion. Access to the Website does not confer upon you any license under any of Illustrated IP’s or any third party’s intellectual property rights. Use of Illustrated IP’s Marks found on the Website by users is restricted as set forth in the Terms of Use.

Other than nominative uses, Illustrated IP’s Marks may be used publicly only with prior written permission from Illustrated IP. Fair use of Illustrated IP’s trademarks in advertising and promotion of Illustrated IP products requires proper acknowledgment. No Illustrated IP Marks may be used as a hyperlink without Illustrated IP’s prior written permission. Other trademarks that may appear in connection with Website may be owned by third-parties, and should only be used with the permission of those third-parties, unless such use qualifies as fair use or is otherwise permitted under applicable laws.

The various Marks used in connection with the Website represent some of the trademarks currently owned or controlled by Illustrated IP or under license to Illustrated IP. The display of these Marks and of notices associated with these Marks is not intended to be a comprehensive compilation of all Illustrated IP worldwide proprietary ownership rights, and Illustrated IP may own or control other proprietary rights in one or more countries outside of the United States.

No Representations or Warranties

We make no representation or warranty of any kind with respect to the Website, the content contained on or accessible through the Website, or content communicated to you through email or social media posts or messages. Your use of the Website is at your own and sole risk. We attempt to provide accurate information, but the Website is for general reference and informational and entertainment purposes only. We assume no responsibility for errors or omissions in the content of the Website, and make no commitment to update such content. Your sole and exclusive remedy for issues relating to the use of, or the content on or accessible through, the Website shall be to discontinue accessing the Website, and using the content so obtained.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection or through your cellular service provider are aware of these Terms of Use and comply with them. You agree that all information you provide to this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Indemnification

You will indemnify, defend, and hold us, our authors, artists, affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Website. These defense and indemnification obligations will survive these Terms of Use and your use of the Website. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Website.

Release, Disclaimer, and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL RELATED SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, UNLESS SPECIFIED OTHERWISE IN THE MSA. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against Illustrated IP arising out of or related to use of this Website must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.

Severability

If any part of these Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

DMCA

Illustrated IP respects the intellectual property rights of others (it is the purpose of the Website after all!). We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Website infringes your copyright, and is not fair use, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows: contact@thatsatrademark.com.

General Provisions

The failure by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Website from time to time, comprises the entire agreement between you and Illustrated IP and supersedes any and all prior agreements regarding the subject hereof. These Terms of Use are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Use are solely for the benefit of Illustrated IP and you, and shall not be construed for the benefit of any third party.