Last updated: October 1, 2021
This Copyright and Trademark Policy (the “Policy”) is concluded between the Cart2Cart’s Clients, or the Partners, or the website visitors (https://www.shopping-cart-migration.com/ ), etc. (“you”) and Cart2Cart regarding the intellectual property rights of Cart2Cart.
This Policy is an integral part of the Terms of Service of Cart2Cart. By using the Website and/or the Service, you irrevocably agree to this Policy. If you do not agree to this Policy, you may not use the Website or the Service.
1.1. Cart2Cart shall own all worldwide right, title, and interest (including copyright and other proprietary or intellectual property rights) in and to the Cart2Cart Service’s source code (“Cart2Cart’s Code Content”).
1.2. Cart2Cart Service is proprietary software of Cart2Cart, which is offered for a fee declared at https://www.shopping-cart-migration.com/ website and delivered as a SaaS (Software as a Service) model only. Cart2Cart Service may not be transferred, altered, copied or duplicated in any way or for any reason and may only be used by the Clients if the Clients continue to use Cart2Cart Service.
1.3. Cart2Cart may use its own and/or may purchase third party licenses for products or services that are necessary for Cart2Cart to perform the Services. Such products may include, but are not limited to server-side applications, clip art, “back-end” applications, music, stock images, or any other copyrighted work (“Outside Content”) which Cart2Cart deems necessary to purchase on behalf of the Clients to perform the Services.
1.4. Any Outside Content used to perform the Services may be owned by Cart2Cart and/or such third parties and cannot be transferred to Clients and shall remain the property of Cart2Cart and/or such third parties, unless otherwise agreed in the Agreement. Outside Content which is owned and/or purchased by Cart2Cart may be used in the design and/or development of other web sites and applications for other Clients of Cart2Cart.
1.5. You shall not directly or indirectly:
- License, sublicense, sell, resell, lease, assign, transfer, distribute, or otherwise commercially exploit or make available to any third parties the Cart2Cart Service or the Cart2Cart’s Code Content in any way.
- Alter, modify, translate, or create derivative works based on the Cart2Cart Service or the Cart2Cart’s Code Content.
- Disassemble, decompile, or reverse engineer the Cart2Cart’s Code Content or any aspect of the Cart2Cart Service, or otherwise attempt to derive or construct source code or other trade secrets from the Cart2Cart’s Code Content.
- Build a competitive product or service to the Cart2Cart Service or to the Cart2Cart’s Code Content or service that uses the same features, functions, or graphics to the Cart2Cart Service or to the Cart2Cart’s Code Content.
- Use the Cart2Cart Service or the Cart2Cart’s Code Content to engage in any prohibited or unlawful activity.
- Permit any third party to do any of the foregoing.
1.6. Liability for any breach of the provision of the para 1.5. of the Policy is the following:
- You shall pay to Cart2Cart the fine in the amount of real direct documentary proven damages of Cart2Cart.
- If the Cart2Cart Service or the Cart2Cart’s Code Content was illegally (namely, in breach of this Policy or the Agreement) distributed to the public access, then the infringer shall remove the Cart2Cart Service or the Cart2Cart’s Code Content from the public access.
- If the Cart2Cart Service or the Cart2Cart’s Code Content was illegally (namely, in breach of this Policy or the Agreement) provided to the third party, then the infringer shall suspend such illegal usage by the third party.
1.7. You may not imitate the trade dress or “look and feel” of Cart2Cart website (https://www.shopping-cart-migration.com/ ), including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Cart2Cart. You may not copy Cart2Cart website’s (https://www.shopping-cart-migration.com/ ) design, typefaces, distinctive color, graphics designs or imagery.
1.8. If you breach any of the provisions of the para 1.7. of the Policy, then you shall pay to Cart2Cart the fine in the amount of real direct documentary proven damages of Cart2Cart and stop imitating the trade dress or “look and feel” of Cart2Cart website (https://www.shopping-cart-migration.com/ ) within a reasonable period of Cart2Cart’s request, but in no situation, more than five (5) working days after Cart2Cart’s request.
2.1. “Cart2Cart trademarks” means “Cart2Cart”, “shopping-cart-migration.com” and Cart2Cart logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter of Cart2Cart.
2.2. Cart2Cart does not permit you to use Cart2Cart trademarks, unless you have obtained prior written approval from Cart2Cart or otherwise was agreed in a written Agreement between you and Cart2Cart. Nothing in this Policy shall grant or be deemed to grant you any right, license, title or interest in or to any Cart2Cart trademarks. Cart2Cart reserves all intellectual property rights in and to the Cart2Cart trademarks and the goodwill associated therewith.
2.3. The marketing materials containing the Cart2Cart trademarks may be received only from Cart2Cart upon its prior written approval.
2.4. You shall not directly or indirectly:
- Use the Cart2Cart trademarks in any manner to harm or adversely affect the Cart2Cart trademarks or the goodwill associated with the Cart2Cart trademarks.
- Display the Cart2Cart trademarks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
- Use the Cart2Cart trademarks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation.
- Challenge or encourage, assist or otherwise induce third parties to challenge the Cart2Cart trademarks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, 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 Cart2Cart trademarks.
2.5. If you breach any of the provisions of section 2 of the Policy, then you shall pay to Cart2Cart the fine in the amount of real direct documentary proven damages of Cart2Cart and stop using Cart2Cart trademarks within a reasonable period of Cart2Cart’s request, but in no situation, more than five (5) working days after Cart2Cart’s request.
3.1. We reserve the right to modify this Policy at any time and at our own discretion. If we decide to change this Policy, we will post those changes on this page. By using our Website and/or the Service, you acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of the possible modifications.
3.2. If you have any questions or suggestions regarding this Policy, please write the email at: [email protected].