Trademark Policy
Podpal, Inc. (“Podpal” also referred to as "our", "us" and "we") considers protection of Podpal trademarks a top priority. All use of Podpal, Inc.’s trademarks are subject to this Trademark Policy (“Policy”). This Policy is for Podpal’s licensees, partners, developers, Users, Customers, and other parties who wish to use the Podpal name, logo, and other registered or unregistered trademarks and service marks owned by Podpal (“Podpal Marks”). Please note that any use of any Podpal Marks outside of this Policy requires specific permission and without such permission may constitute trademark infringement under federal and state laws.
This policy is issued under and forms part of the Terms of Service Agreement which references this policy, and any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
1. Podpal Marks and License
Podpal's trademarks are valuable assets Podpal needs to protect. We ask that you help us by properly using and crediting the Podpal Marks for which you have been given use permissions in accordance with this Agreement. The Podpal Marks specifically include, without limitation, the following marks:
- Podpal (business name)
- Podpal (company logo)
- A Podcaster’s Best Friend® (brand mantra)
The Podpal Marks are protected by U.S. laws. Registrations for Podpal Marks can be found on the United States Patent & Trademark website, here.
This Policy gives you, our Users, Customers, vendors, partners or other specifically permitted entities, a non-exclusive, non-transferable license to use the Podpal Marks on websites or applications that incorporate or otherwise use the Podpal services, or identify Podpal as your customer, as applicable and as described in your services agreement. Such use is subject to the terms of this Agreement, and we may terminate this license at any time and at our discretion. Upon termination of the license, you agree to promptly remove any Podpal Marks from any websites or applications, or other material within a reasonable time.
2. Permissible Use of the Podpal Marks
2.1 Placement
You may generally use the Podpal Marks to identify the associated services, or to identify Podpal as your customer (as applicable). All online uses of the Podpal Marks should link back to the Podpal home page at www.podpal.com.
2.2 Notice and Attribution
The ® symbol should be used with each Podpal Mark, as shown in the examples below:
We ask that you also provide the proper trademark attribution identifying Podpal as the owner of the Podpal Marks, such as
“The Podpal name and logos are the trademarks or service marks of Podpal, Inc. or its affiliates in the U.S. and other countries.”
2.3 Brand Guidelines
Podpal may provide you with style guidelines describing specifics such as size, color, or relative placement of the Podpal Marks. You agree to use the Podpal Marks in a manner that conforms to any such guidelines or other instructions provided by Podpal at any time, and to update all uses to conform to Podpal’s latest guidelines and/or instructions.
3. Impermissible Use of the Podpal Marks
You may not use the Podpal Marks except as described in this Agreement, any guidelines provided by Podpal, or otherwise agreed in writing by Podpal. You may not use the Podpal Marks to disparage Podpal, or in any way that may be damaging to our brand or to our interests in the Podpal Marks.
You may not use the Podpal Marks to imply endorsement by Podpal of your products or services, or in a manner that causes customer confusion. That is, while you may identify Podpal as your Customer, you may not do so in a manner that implies any other relationship with Podpal.
You may not misrepresent your relationship with Podpal, or use the Podpal Marks in any manner that is misleading.
In addition to protecting the Podpal Marks, it is important to us that you maintain an independent brand. Even where use of Podpal Marks is permitted, you must prominently use your own marks to identify your services in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from ours. You may not use the Podpal Marks or any confusingly similar name or trademark with your product, service, company, or domain name. Proper use of Podpal Marks reinforces their role as brands for our products and services, and helps prevent Podpal’s loss of rights in our marks.
4. Termination
We may terminate this Policy at any time effective immediately upon notice to you. This Policy will terminate automatically in the event of the termination of any agreement on which your permission to use the Podpal Marks is based. In addition to any other right that we may have to enforce our rights in our trademarks, you must promptly comply with any request that we make for you to cease any use of the Podpal Marks.
5. Ownership
Nothing in this Policy or otherwise gives you any right, title or interest in the Podpal Marks, or any other trademark or trade name of Podpal, except the right to use the trademarks and service marks solely to identify your actual use of Podpal’s software and platform. You agree that the Podpal Marks, and all intellectual property rights therein, are solely owned by Podpal, and that any and all uses of the Podpal Marks, and all goodwill derived therefrom, whether or not done pursuant to the Agreement, shall inure solely to the benefit of Podpal.
6. No Warranties
As part of this Policy, we do not make any representations regarding your use of the Podpal Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
7. Your Liability for Third-Party Claims
You agree to defend, indemnify, and hold harmless Podpal, its affiliates, and their respective employees and agents (each an “Podpal Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against an Podpal Entity that results from your impermissible use of any Podpal Marks, including any Claims based on trademark or copyright infringement, dilution, passing off, counterfeiting, or unfair competition. You will also responsible for, and will fully reimburse each Podpal Entity for, any liability incurred by such Podpal Entity in connection with such Claims.
You will fully cooperate with each Podpal Entity by providing reasonable assistance, authority, information, and resources where applicable, in order to assist with the defense of the Claims. You acknowledge Podpal’s right to control any defenses or responses against any such Claims, and you agree to cooperate with and reimburse any Podpal Entity that wishes to assert such authority.
8. Additional Legal
Except as otherwise agreed upon in writing between you and us, this Policy, and any guidelines or instructions we provide in the future, constitutes the entire agreement between you and us regarding your use of the Podpal Marks. You may not transfer this Policy to any third-party. This Policy is governed by the laws of the United States and the State of Georgia, and any action to enforce or otherwise relating to this Policy shall be brought in the state and federal courts located in Atlanta, Georgia.
9. How to Contact Us
If you have any questions regarding Podpal Marks, please contact us at legal@podpal.com or send a letter to our Data Protection Officer.
Podpal, Inc.
44 Milton Ave Suite 128
Alpharetta, GA 30009
