Logo Terms of Use.

1. The Go Hoop Day Name and Logo.

The Go Hoop Day logo (“Logo”) is a protected mark of Go Hoop, LLC (“we”, “our”, “us”).

2. Right to Use the Logo.

Unless you have entered into a separate license with us relating to the use of the Logo, you are granted a non-transferable, non-exclusive, royalty-free license to use the Logo subject to these Logo Terms of Use (“Logo Terms”).

3. Permitted Use of the Logo.

You agree to use the Logo in a manner consistent with any trademark guidelines or graphic standards that we may provide to you and solely for the purposes of promoting the campaign Go Hoop Day and on items that promote or support the aims and objectives of Go Hoop Day.

You agree not to use the Logo (i) to market, promote or advertise any product, service or company or for any commercial or business purpose, or otherwise to make money in any way; (ii) in association with any alcohol, tobacco or firearms products or industries or in association with any illegal activity; and (iii) in a way that, in our sole judgment, damages, weakens or has a detrimental effect on (a) the Logo, (b) the Go Hoop Day campaign, or (c) our brand or reputation.

4. Ownership.

By using the Logo, you agree (i) not to take any action which will interfere with any of our rights in and to the Logo; (ii) not to challenge, contest or take any other action inconsistent with our right, title, or interest in and to the Logo or the benefits therefrom; (iii) not to make any claim or take any action adverse to our ownership, proprietary or other rights in the Logo; (iv) not to register or apply for registrations, anywhere, for our Logo or any other mark which is confusingly similar to our Logo or which incorporates our Logo; (v) not to use any marks, anywhere, which are confusingly similar to our Logo; and (vi) all goodwill generated from the use of our Logo shall inure to the benefit of us.

5. Sub-Licensing.

You shall not be permitted to, and agree not to, transfer, license, sublicense or assign your rights and obligations under these Logo Terms to any third party; it being understood and agreed that any third party is required to obtain the right to use the Logo from us directly.

6. Termination.

We reserve the right to terminate the license granted to you to use the Logo (i) at any time for any reason or no reason and (ii) upon breach of these Logo Terms.

7. Disclaimer of Warranties.

To the fullest extent permitted by applicable law, we make no warranties, express or implied, and representations with respect to your use of the Logo and hereby disclaim any and all express, implied, or statutory warranties, including but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement.  To the extent that we may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

8. Limitation of Liability.

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will we and our affiliates and our respective directors, officers, employees and agents be liable with respect to any claims arising out of or related to these Logo Terms, your use of the Logo or your exercise of any rights granted to you under these Logo Terms for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; or (c) any damages related to your access to, use of or inability to access or use the Logo, including without limitation interruption of use or cessation or modification of use.

9. Indemnity.

You agree to indemnify us against all liabilities, costs, losses, damages and expenses, including reasonable attorneys’ fees, incurred by us caused by, or arising out of, in whole or in part, or in connection with: (a) your breach of these Logo Terms or representation or warranty contained herein and (b) from your use of the Logo.

10. Amendments.

We may amend, revise or modify these Logo Terms from time-to-time, and the most current version of these Logo Terms will be posted on our website.  The amended Logo Terms will apply to the use of the Logo from the date of the publication of the amended Logo Terms.  By continuing to use the Logo after the amended Logo Terms are posted, you agree to be bound by the amended Logo Terms.  If you disagree with the amended Logo Terms, you shall immediately cease any further use of the Logo.

11. Waiver, Severability and Assignment.

Our failure to enforce any provision of these Logo Terms is not a waiver of our right to do so later.  If any provision of these Logo Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.  We may delegate, transfer or assign these Terms or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services without notifying you or obtaining your consent.

12. Governing Law.

These Logo Terms, and any and all disputes directly or indirectly arising herefrom, will be governed by and construed in accordance with the laws of the State of New York, without reference to the choice of law rules thereof.  You irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for any such disputes, and waives any objections to the laying of venue in such courts.