Trademark License Knowledge Base
Business License, Copyright, trademark small online shops - help? Hi, I'm planning to start a small online business in the baby category/event planning category. I'm starting off small. I may secure a domain that exemplifies the key product (i.e. www.onesies.com - just an example but not the product i'll be selling) I will be selling. In the future, I may expand it to another domain name that has more breadth (i.e. Myabcshop.com). 1. Do I need a business license to do this from home? I live in NY. Its only going to be myself no employees. I'm assuming that I would have to charge tax (and shipping) on orders, so i would need it or am i mistakend? 2. Do I copyright my website to ensure my product/images/copy is protected some how? Can competitors steal an idea or images I use that are part of my product if i don't? 3. Do I register the trademark of my business (i really thought my simple product would be it for now until i'm ready to branch out more)? I thought that maybe when I branch out more that this may be required, but for now not.
Do I need permission to use a trademark in a documentary? So basically I'm a film student at FSU. We make a documentary and we have to get a lot of paperwork filled out in order to submit the doc to film festivals which potentially you can win money from. My doc is about the FSU seal. There are pictures of it around campus and I use a graphic of it, showing how it has evolved over the years. I also took a copy of the seal and changed the words around so it said "Florida State Film School" and "A Broken Seal" and there's a crack in the seal so it's broken. All the "broke" stuff because the seal went through a facelift recently and they haven't fixed it on campus yet, and it sounds good. I'm going in to talk to trademark licensing tomorrow, but do I even need their permission? If so, for which parts? I know it'd be nice for their permission, but I'm not too certain they'll approve the seal I wrote all over, but I'm hoping to claim it as parody.
IFRS Trademark or License, capitalizable or not? When registering a trademark with authorities for a period of 10 years, is this capitalizable as a license under IAS 38 §63,66c? §63 states that internally generated brands is not recognized as assets, 66c however states that fees to register a legal right is capitalizable Thanks Sandy. I see the relevance of your input. The question I know have is where do you draw the line for internally generated intangible assets. So my followup question is: Is a fee to register a Trademark paid to a registration office, regarded as an internally generated cost/intangible asset, or is it a separate acquisition? Identifiability, Control and Future Economic Benefit are met.
What happens to a public companys trademark name if the companys management all quit? I bought a license to use a trademark from a public company that seems to have closed. The phones have been disconnected all the management are gone and the stock seems to be trading at .00007. The original agreement I had was I could use there trademark as long as I used independently owned and operated under it. Do I still need to do this?
How do I protect my trademark? I have a company name (not logo) that I'd like to protect. My company name is registered with my state's government; however, another company is using the same name in another state. The other company has been around much longer than mine. Neither of us have registered the trademark with the USPTO.GOV. If I register the trademark before they do, will I have control over the name even though they have been using it longer than me? If so, can I take their domain name and force them to switch their company name OR sell them a license to use the name?
Do you need a tax id number, and vendors license for each state you will be selling your product in? I have a business partner who live in another state, and we are trying to start a retail business. Do we need federal,state tax id numbers for both Pa, SC. Also do we have to get a business regestration, vendors license, sellers business license for both states. Does each partner have to file these things seprately or can we file as a company? Also are there any other legal documents we need to start our business, beside these things, our copyright, trademark, and design patent?
Business Name? Trademark Infringement?? I'm working on starting my own Comic Book and Collectibles shop. One thing I'm not sure of is how to tell if the name I want to use will be a copyright/trademark/licensing issue. I am going to call the company Asteroid M. Asteroid M was the name of a...well, asteroid that was the home base of a bad guy in an X-Men comic. How do I go about finding out if I can use this name or if Marvel Comics will come looking to sue me for something? I've searched copyright and trademark sites and nothing is currently taken...but I wasn't sure if there is someplace else I should be looking?
How to sell a Trademark? I have owned the Trademark Lemon Protection for 23 years and is well known all over the US, Lemon Protection is a vehicle inspection service for used car buyers and for Litigation, any ideas on how to sell or license the TM?
What is a typical royalty rate for licensing a trademark? The situation is that one company desires to license its trademark to another. The company with the trademark has been using the TM for at least 20 years. Also, is the rate more commonly expressed as a percentage of gross sales or a percentage of profits? It seems that gross sales would be better from the licensor's standpoing because it would be more difficult to manipulate using accounting conventions. There is a substantial amount of goodwill associated with the TM. Obviously, it's not DHL or Toys R Us, but in its geographic area, the revenue derived is substantial. We are looking for a starting point for negotiations without having to get a formal appraisal. The deal is too small for that.
Use of Spam Trademark in Presentation? I have a computer and internet safety presentation that I plan to provide free of charge (educationally) for a while and I know I can use trademark images (such as the can of Spam) under fair use. However, I plan to eventually get paid for these presentations so I have a two part question: 1) What is required for me to continue using the SPAM Can for my presentation? Permission? Licensing? Or nothing at all? 2) What symbol can I use instead of a can of SPAM to represent Spam e-mails?
Sarting a baby skin care line. What legal actions do I need to take? What kind of legal steps and licensing do I need To Make and Sell Home Made Soaps?I am starting my own natural baby skin care line and am wondering if someone can help me out with what I need to do as far as licenses, Patents, Trademark?, etc to make sure I am doing everything legal and no one copies my brand. I will be making them at home myself. Does the FDA have any thing to do with this or the health department?
Forming a business that will require lots of legal work up front, licensing, contracts, etc.. If I offer lawy WaForming a business that will require lots of legal work up front, licensing, contracts, etc.. If I offer lawyer part of the company. What is fair %? Wanting to partner with manufacture for licsened products and need to patent, trademark, license and do "work for hire" contracts for the products. Lawyer has offered to do services for a part of the company. Forming a business that will require lots of legal work up front, licensing, contracts, etc.. If I offer lawyer part of the company. What is fair %? Wanting to partner with manufacture for licensed products and need to patent, trademark, license and do "work for hire" contracts for the products. Lawyer has offered to do services for a part of the company.
Does owning Licensing Rights of a new technology supercede patents, trademarks, and copyrights? My License says that I can sell you the rights to get a Patent, etc; on my technolgy, T.C. I own the technology that I have discovered and developed. I am looking for something else in this question, about timing of product line introductions between competing Product and Technology Development Companies and Individuals. Importance factors, also, like which technology is higher priority because of Life Safety, Consumer Protections, and Product Safety issues.
how to legally use a trademarked logo? ok, i hope this all makes since and that someone here is able to help me out. so here is the question if i want to design a new product that uses a currently trademark/official licensed logo how would i do so. i am not looking to "steal" or "take away" money from another company. infact, doing this the right way could even increase the profit margin of the company/companies that currently hold rights to the logo. basically what i want todesign is an automotive accessory that requires the use of a current product that would be modified using a current auto manufacturers logo. i assume that if i was able to sell my product to a company to mass produce profits would be divided somehow between myself, the manufacturing company, and the company currently holding rights to the logo. any help is much appreciated.......thanks a lot to help with my issue i would like to add another question. am i able to go ahead and design my product with the logo, get a patent on it (patent on the product design only not the logo), and then expose it to the manufacturers with the understanding that in lieu of me buying the license they are able to pull in revenue from the sales of the product of course with all contracts being negociated
Question(s) about business start-up (business license, tax ID, incorporation, etc..)? I have decided to start my own business. I have done a good bit of reseach, but am still confused about the order in which things need to be done. I think I am supposed to get the business license and tax ID first, and then file the paperwork for incorporation (I plan on doing this through legal zoom). Then I can open my business checking account and business paypal account, I think. Does this sound like the correct order of things to you? Also, I am worried about the structure of my business. I want to have several websites that will operate under the one corp. but have different names (for example, if my corportion were "Candles, Inc", I would want sites "Red Candles", "Beeswax Candles", etc. This is just an example, I don't really do candles.) Do I need to trademark or copyright anything, or is this optional? If so, just the name of the corporation OR the name of the websites operating under it as well? Thanks, everyone. I'm trying to do this right!
Do You Have to Have A Patent For Everything? I want to do a purse with special things on it, and no one has it anywhere (and sorry don't want to give it out for fear of copycat) and was wondering do I HAVE to HAVE a patent, and license. It would be a purse for making life easiter and convenient. No special names, or trademarks or logos necessary. I mean I don't have $7,000 to spend on a patent, and attorney and other etc...... Tell me do I still need one? Yes, I would be making a lot of them for stores, and selling them.
Who owns trademarks to classical artist? I'm writing a children's book and want to incorporate drawings and pictures of works done by classical artists such as Leonardo Da Vinci, Michaelangelo, and other famous Renaissance figures. Does someone or a company own the rights or license to their work? Do I need to get permission or are their work so old that they've become public domain?
Need help and advice for a name for a new skateshop? Yeah i live in Texas and im thinkin of opening up a skateshop. What do you think would be a good name for a skateshop? And, anybody who knows anything about small businesses, similar to skateshops, how much do you think itd cost for: License to sale: that License to Tax items: Title for the shop: Your Trademark: Thats it. Let me know what you think and know. Thanks.
I am doing a business plan on a pharmeceutical company and I need to know some basic types of:? Permits Licenses Also I need to know if any environmental regulations will impact I need to know about zoning regulations I need to know if any copyrights, trademarks, or patents are needed. I also need to know the types of insurance coverages that are necessaryif there are any. Please help me out all of this is very overwelming....even if you dont know everything tell me what you do know. Thanks!
This is a technical accounting question about international intangible assets held by a U.S. Company? A U.S. subsidiary of a U.S. company purchases a trademark. Both have the dollar as the functional currency. The trademark is for a product licensed to the U.S. subsidiary's Italian subsidiary to sell only in Italy. The Italian subsidiary's functional currency is the Euro. Should the U.S. subsidiary revalue the trademark based on movements in the Euro against the dollar? If so, would the offset to the trademark be to deferred translation, or would it hit the P&L? What accounting guidance talks about this - I don't see it in FAS 52, 141, 142 or 144.
Trademark copyrights? I'm having some issues with a website. I registered this website (xyz.us) and the owner of xyz.com is emailing threatening me of how they will sue me because I'm using their name! I emailed him back that this website of mine is just a non-commercial project. Do any of you guys know if I'm doing the wrong thing or not? By the way their website is under Creative Commons License. xyz.com was just an example. I don't want to have the real name here!
need help with trademark!? i have a question my business partner and I started a business selling t-shirts, we made a shirt thats say " i stay sucka free" ( heres a link to the design we have for our T-shirts ) http://pic70.picturetrail.com/VOL1870/8518950/15831699/241282803.jpg My partner and I registered with the City of San Francisco for a business license, have our EIN FBN ect.. Are company is named I STAY SUCKA FREE CLOTHING. Apparently unawarely there is a clothing company named Sucka Free Clothing. We were contacted by the owners attorney, and she informed us that her client owns the trade mark right to sucka free and sucka free clothing.The attorney had our pay-pal account blocked and told us to remove everything off our myspace page referring to i stay suckafree clothing.. and to give her a copy of all are inventory so she can assess the matter, but we decided not to give it to her. We, then talked to the attorney again and informed her that we understood that her client owns the trade mark to sucka free and sucka free clothing, and that we were more than willing to drop the i stay sucka free clothing we agreed that it would cause confusion. So now we are in the process of getting a new name... But that we both didn't agree to stop selling our shirts because are shirt are a artistic statement that says " i stay sucka free" . We also decided we were going to add to the design "its a way of life", which differs by theirs "sucka free". Not to mention that the designs are totally different. heres a link to there info there is a specimen of there design on there as well http://portal.uspto.gov/external/portal/tow?SRCH=Y&isSubmitted=true&details=&SELECT=US+Serial+No&TEXT=75518077# we really would like to know if we have the right to sell our shirts we feel that the designs and the concept are totaly different thank you
Tax question (1)? This is the real situation our company is facing right now, I am very much appreciate if any one (especially who familiar with Hong Kong tax law) could help to answer; Background information: 1. Company P with registered place of business in Australia buys products from HK suppliers and sells to the overseas customers via its overseas distributors and agents; 2. Company P is proposing to set up an subsidiary office company S and equipped with staff in Hong Kong and transferring its trading activities (the buying and selling of products) to this office; 3. Company S will derive trading profits, royalty income (from the use of company P's trademark by overseas licenses) and interest income (i.e. from bank deposits in Australia or receivables from Australia); 4. The actual role of company S is not yet to be confirmed by management, but it is proposed that; (contiuning on my next message) (A) Sales to overseas distributors will be performed by company S and company P in Australia will do the invoicing; (B) Sales to overseas distributors will be performed by a commission based sales agent based overseas. Company S will only be involved in the buying of products. (continues from my question) Questions: 1.The relevant Hong Kong profits tax issues that should be considered in respect of the proposed trading company in Hong Kong; and 2.Tax treatments on the trading profits, royalty and interest income that company S will derive based on the scenario above; and 3.If there are any double taxation treaty currently available between Hong Kong and Australia and whether tax credits and/or deductions will be available in Hong Kong on taxes paid on Australia.
Is the name Beavis trademarked from Beavis and Butt-head? The reason I want to know is because I want to name a character Beavis in a certain video game, and the company does not want anyone using character names that are trademarked. When I look at titles "Beavis and Butt-head" I only see a small (tm) mark above Butt-head. I am not really familiar with trademark and licensing legalities so... i need to know.
library of congress catalog? Does the library accept poems, music lyrics, etc to be copyrighted /licensed, or trademarked? Explain what exactly what the Library of Congress serve the public, please. Thank you.
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Cumulative voting is a method of voting designed to allow minority shareholders representation on the board of 18. Damages awarded in a shareholder's derivative suit are paid to the shareholder who filed the suit. (Points: 4) True False 19. Delivery of intangible personal property must be done by symbolic delivery. (Points: 4) True False 20. A gift made during one's lifetime is a gift causa mortis. (Points: 4) True False 21. A gift made to a dying donee is a gift inter vivos. (Points: 4) True False 22. In a bailment, possession of the property is transferred to the bailee. (Points: 4) True False 23. In a bailment, title to the property is transferred to the bailee. (Points: 4) True False 24. For an effective bailment, the bailed property must be physically delivered to the bailee. (Points: 4) True False 25. A gratuitous bailment is one in which consideration is not required. (Points: 4) True False 26. Regional Bank wants to perfect its security interest in timber owned by Standard Lumber, Inc. Most likely, a financing statement should be filed with (Points: 4) the local chamber of commerce. the county clerk. the federal loan officer. the secretary of state's office. 27. Fine Furniture Store sells household consumer goods. To create a purchase-money security interest, Fine Furniture must (Points: 4) assign, to a collecting agent, a portion of its accounts payable. assign, to a collecting agent, a portion of its accounts receivable. extend credit for part or all of the purchase price of the goods. refer purchasers to a third-party lender. 28. Joyce works for Kappa Services Corporation as an independent contractor, and not as an employee, if (Points: 4) Joyce says that she works as an independent contractor. Joyce works on a permanent basis. Kappa does not control Joyce's work. Kappa withholds taxes from its payments to Joyce. 29. Holly takes temporary leave from her job at Interstate Assembly Company to care for her new baby. When she attempts to return to work, Interstate refuses to reinstate her. Under the Family and Medical Leave Act, Holly may be entitled to (Points: 4) damages only. damages or job reinstatement only. double damages, job reinstatement, a promotion, and more. nothing. 30. Standard Company denies a promotion to Tony, a member of a minority, when he fails to pass a required test. Few members of minorities have passed the test. The number of promoted employees who are members of minorities does not reflect their percentage in the local labor market. In a suit against Standard, if Tony can show a connection between the test and the number of promoted minority members, (Points: 4) it must be proved that Standard had discriminatory intent. it must be proved that Standard has other discriminatory practices. it must be proved that the test had a discriminatory purpose. no evidence of discriminatory intent is necessary. 31. Ken, who is Hispanic, applies for a job at Local Plant, Inc. The interviewer says that Local Plant does not hire Hispanics. This is (Points: 4) impermissible discrimination on the basis of race. permissible discrimination because it is an honest response. permissible discrimination because it occurs before employment. permissible discrimination because "Ken" is not an Hispanic name. 32. Macro Corporation replaces Neal, a fifty-two-year-old employee, with Olivia. Neal files a suit against Macro under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Neal must show that he was discharged under circumstances that give rise to (Points: 4) a certainty of discrimination. an impossibility of discrimination. an inference of discrimination. an unlikelihood of discrimination. 33. Eagle Equipment Corporation discharges Jay, who then sues Eagle for employment discrimination under Title VII of the Civil Rights Act of 1964. Eagle learns that Jay lied on his job application and argues that, had Eagle known of the lie, it would have fired him. This is (Points: 4) an affirmative action defense. a bona fide occupational qualification defense. a business necessity defense. no defense. 34. Amy wants to go into the business of construction contracting. Among the reasons that would probably convince Amy to set up her business as a sole proprietorship would be (Points: 4) its greater organizational flexibility. its limited liability. its perpetual existence. the ease of transferring the business to other family members. 37. Sandy is a limited partner in Total Enterprises, a limited partnership. To avoid personal liability for partnership obligations, Sandy must not (Points: 4) acquire an interest in the firm. contribute property to the firm. engage in activities independent of the firm's business. participate in the firm's management. 38. Dan is considering forms of business organization for his financial advisory firm. Like most states, Dan's state requires that to form a limited liability company, he must file with a central state agency (Points: 4) articles of certification. articles of formation. articles of organization. no specific documents. 39. Web Services, LLC, is a member-managed limited liability company. If the law in Web's state is like the law in most states, unless the members have agreed otherwise, decisions are made by (Points: 4) majority vote. minority vote. plurality vote. seniority vote. 40. Omega Sports Corporation licenses its trademark to Personality Products, Inc., to use in selling caps, sweatshirts, and similar goods. This is (Points: 4) a franchise. an entrepreneur. a principal-agent relationship. a sole proprietorship. 41. Jill and Kelly are architects and members of Jill & Kelly, P.C., a professional corporation. Jill supervises Lucy, an employee of the firm. As a member, Jill (Points: 4) is personally liable for any tort committed by Kelly. has limited liability for any of Kelly's acts of malpractice. has no liability for any torts committed by Kelly or Lucy. may be personally liable for malpractice committed by Lucy. 42. Stan is a registered agent for Transport, Inc., which incorporated in Utah. As a registered agent, Stan (Points: 4) agreed to buy stock in Transport before it existed. applied to Utah on behalf of Transport to obtain its corporate charter. does business for Transport in Utah. receives legal documents on behalf of Transport. 43. Lou and Mary act as the incorporators for National Corporation. After the first board of directors is chosen, subsequent directors are elected by a majority vote of National's (Points: 4) board of directors. incorporators. officers. shareholders. 44. Bart and Cary are directors of Digital Designs, Inc. Voting by Bart and Cary at corporate directors' meetings (Points: 4) may be cumulative. may be done by proxy in all states. must be done in person. all of the above. 45. Irma, Jim, and Kelly are the directors of Liberty Corporation. Liberty has nine officers and forty-six shareholders. Dividends are ordered by the firm's (Points: 4) board of directors. incorporators. officers. shareholders. 46. Visual Play Company makes DVD players. Visual Play is like most corporations in that its officers are hired by the firm's (Points: 4) board of directors. incorporators. other officers. shareholders. 47. Adam and Beth are officers of Computer Products Corporation. As corporate officers, the rights of Adam and Beth are (Points: 4) determined by their employment contracts. specified in state corporation statutes. the same as those of the directors. the same as those of the shareholders. 48. Applied Innovations, Inc., has thirty-five shareholders. The minimum number that must be present at a meeting for a shareholders' vote is (Points: 4) a proxy. a quorum. eighteen. thirty-five. 49. Tom is a shareholder of United Company. As a shareholder, Tom does not have (Points: 4) a right to compensation. dividend rights. inspection rights. preemptive rights. 50. April owns six 1967 Ford Mustangs in fee simple. April can (Points: 4) use the cars as she chooses, but not dispose of them or transfer them. use or dispose of the cars, but not transfer them. use or transfer the cars, but not otherwise dispose of them. use, transfer, or dispose of the cars, as she chooses.
How to start a small business as a sole p.? i am in the state of MA and I have been operating a small jewelry business, doing tables etc. I want to launch a website and expand my services to doing home parties. Do I need to register my business, trademark my business name, get a business certificate. Will there be any fees involved if so what? Are there different rules with ecommerce than if I just run the business at home parties? How does the whole tax, pay tax receive tax payments work? can I have one employee if I am a sole p? do I have to get any licenses or permits.
Where can I find this for Halloween? I'm looking for a boys size (NOT adult) blue jumpsuit (like the on Micheal Myers wears on Halloween). It doesn't have to be licensed, just similar looking. I prefer something a bit cheaper than a licensed one anyway. I can only find licensed ones on Halloween shops and they are too expensive. Or do you got any other ideas how to pull being Michael Myers off for Halloween without the trademark jumpsuit?
Can someone translate this terms and conditions for me? I no its long, should i agree? Preamble For the establishment and on-going operation of an online, custom merchandise shop (“Shop”), Spreadshirt, Inc. (“Spreadshirt”) and the party opening, maintaining and/or promoting that shop (the “Shop Owner”) are the contracting parties. § 1 Object of the Agreement (1) The Shop Owner provides in the Shop one or several print designs for products provided by Spreadshirt (“Spreadshirt products”) and/or promotes the Shop, online of offline. In return, the Shop Owner – instead of a fixed remuneration – receives a profit-related, variable commission according to §5 of this agreement resulting from the sale of products via the provided Shop. (2) Shop products are products which are offered for sale through the Shop and are printed with the designs provided by Spreadshirt, the shop owner or the end customer. § 2 Granting of Usage Rights (1) The Shop Owner grants Spreadshirt the right to use the print designs provided according to § 1 (2). This right to use includes, but is not limited to, printing, publishing, reproducing and/or labelling Spreadshirt products with the print design of the Shop Owner and print, publish, reproduce, offer and/or distribute such labeled products (hereafter referred to as “contractual products”) for the purposes of fulfilling the contracted services for a Shop. (2) The granting of usage rights to Spreadshirt according to § 2 (1) takes place non-exclusively and for an unlimited period of time up to the canceling of the agreement by either party according to §11. Any products on order, in the process of manufacturing, or in shipping before such cancellation will continue to be fulfilled. (3) Copyrights or other rights to a print design provided by the Shop Owner remain with the Shop Owner. Spreadshirt is not entitled to distribute designs of the owner either in its own shops, in shops of third parties or via other channels of distribution if the shop owner has not expressly agreed to this. (4) Spreadshirt is allowed to use the Shop Owner’s print design for advertising purposes on Spreadshirt´s website or for other types of advertisement for Spreadshirt. In such cases, Spreadshirt will link all images or advertisements of that design to the Shop of the Shop Owner. § 3 Usage and Third-Party Rights (1) The Shop Owner is solely responsible for the content (in particular print designs, background images, slogans, etc.) uploaded, or otherwise added through the Spreadshirt interface, to the Shop. (2) The Shop Owner guarantees that the content and/or print designs – which he provided for use to Spreadshirt according to these general terms and conditions – was created by him and/or that he is the owner of all usage rights to the content and/or design, in particular rights concerning trademark, copyrights, patents, licenses and or other usage rights. The shop owner guarantees to be the sole and exclusive holder of the usage rights granted to Spreadshirt according to these general terms and conditions. (3) The Shop Owner guarantees that he does not know of any third-party rights which oppose or could oppose the use of the content and/or print design by Spreadshirt according to these general terms and conditions. (4) The Shop Owner assures that all content and print designs uploaded to the Shop are free of third-party rights and that their usage does not infringe upon patents, licenses, trademark rights or other third-party rights. (5) The Shop Owners assures that the respective print design provided for use to Spreadshirt is also in accordance with other statutory regulations, in particular legal regulations concerning protection of minors and does not violate any penal prohibitions. (6) If third parties assert claims due to infringement of their rights resulting from the use of a design of the shop owner, Spreadshirt reserves the right to withhold royalties (commissions) up to the final clarification of the legal dispute. (7) If the design, which was licensed by the shop owners, is wrongfully used or obviously misappropriated, in opinion of Spreadshirt, then the parties will jointly decide on the steps to be taken regarding prosecution. (8) The Shop Owners is not liable for print designs provided by Spreadshirt or provided on a one-off basis by the end customer to the Shop (in particular text personalization). (9) The Shop Owner is obliged to immediately inform Spreadshirt in writing if claims are made against the Shop Owner due to the infringement of third-party rights resulting from the content and/or print designs in the Shop. (10) If third parties assert claims to Spreadshirt due to infringement of their rights, then it is at the sole discretion of Spreadshirt to remove the content and/or print design objected to, partly or completely, from the Shop. § 4 Contact Details and Legal Information (1) The Shop Owner must provide a complete and correct mailing address, as well as all legal information in the “legal information” of his Shop via the provided Shop Administration interface. (2) If the Shop Owner fails to provide complete contact details and legal information, then the products of his shop will not be released for viewing to the end customer and cannot be ordered. (3) Incorrect information in the “legal information” will result in the immediate cancelation of the shop and the withholding of possible existing commissions. § 5 Payment of the Shop Owner (1) The Shop Owner receives a commission for every product, for which he has set a commission, sold in his Shop, excluding returns. (2) The amount of the commission is set by the Shop Owner via the Shop Administration interface for each individual product offered for sale. (3) The product price is the Spreadshirt base price, plus design fees, plus Shop Owner added commission. Spreadshirt reserves the right to change of the base price of Spreadshirt products at any time. (4) Settlement and payment of the commission to the Shop Owner will be made quarterly within 45 days of the end of a calendar quarter. The minimum amount payable is $25.00 USD. If the commission exceeds an amount of $100.00 USD, then the shop owner can request payment at any time, but not more often than once a month. Spreadshirt can decide if payment is made per transfer or cheque. Amounts which lie beneath the minimum amount payable are paid after cancellation of all agreements between Spreadshirt and the Shop Owner regarding the Shop within six months of the cancellation coming into effect, if no new agreement is made by Spreadshirt and the Shop Owner within this period. (5) The Shop Owner is responsible for providing Spreadshirt with his current, required, valid payment details. The Shop Owner will be held liable for providing incorrect payment details. The Shop Owner is also responsible for providing Spreadshirt with his state tax identification number if payment of commissions is made including the statutory sales tax. If no tax number is provided then payment of commissions is made without sales tax. § 6 Embedding of the Partner Shop by the Shop Owner (1) The Shop Owner can publish the Shop on his website; however, there is no obligation to do so. It is published via an electronic reference (“link”) provided by Spreadshirt, which the Shop Owner embeds in his website and which refers to the Shop of the Shop Owner. If it is published, the Shop Owner is committed to include the link generated by Spreadshirt without changes. In particular, the Shop Owner is not permitted to carry out changes which are related to the electronic advertisement linked to the shop or the publishing of general terms and conditions for the end customer. (2) On request, a Shop free of advertisement can be acquired in return for a monthly fee. § 7 Privity of Contract with End Customers; Rights to Change Service (1) Customers purchasing products via the Shop are customers of Spreadshirt. An independent privity of contract is created between customers and Spreadshirt, which is independent of a possible privity of contract between the Shop Owner and the customer who visits the non-shop pages of the Shop Owner. Thus, only the rules, guidelines and business practices of Spreadshirt regarding customer´s orders, customer service and product sales apply to the customer. (2) Spreadshirt can change Shop Administration, shop offerings, product offerings, guidelines, pricing, availability, business operations, and order processing at any time, and temporarily. § 8 Inquiries / Purchase Order Processing (1) Spreadshirt reserves the right to reject inquiries and orders which do not meet the respective requirements set by Spreadshirt. (2) Spreadshirt reserves the right to reject orders from customers who are known for not being credit-worthy or show as being a credit risk. (3) Spreadshirt is responsible for all processing and execution of orders. In this respect, Spreadshirt creates i.e. order forms, books payments, executes cancellation and returns and is responsible for the customer service. § 9 Sales Reports Spreadshirt registers the sales made through the Shop and provides the Shop Owner with a summary of the statistics. Form and content of the statistics can be modified by Spreadshirt at any time. § 10 Restriction of Liability, Exclusion of Liability and Release (1) The Shop Owner is liable towards Spreadshirt for all damages suffered by Spreadshirt resulting from the use of the content and/or print design provided by the Shop Owner according to these general terms and conditions, in particular publishing and reproduction, when this violates third-party rights and/or infringes upon other statutory regulations. (2) This liability of the Shop Owner includes all costs incurred by Spreadshirt in the form of legal costs, as well as any costs and compensation payment which a court may award against Spreadshirt, resulting from the usage of the content and/or print design of the Shop Owner, or in so far as Spreadshirt is included in any settlement. The Shop Owner obligates himself to release Spreadshirt of all aforementioned costs and damage claims. In such cases, Spreadshirt is entitled to receive an advance payment from the Shop Owner to the amount of the estimated defense costs. (3) A liability of Spreadshirt towards the Shop Owner, no matter what the legal grounds is defined as follows: Spreadshirt is liable provided that the Shop Owner proves claims which are based on malice, wilful intent, gross negligence or the breach of contractual duty on the part of Spreadshirt, its executive employees or agents. (4) Spreadshirt’s liability in the case of negligent behaviour, as proven in §10 (3) above, is limited only to foreseeable, direct, consequential damage. § 11 Period of Validity / Cancellation This agreement is considered valid – for an unlimited amount of time – until it is cancelled by either party. Shop Owners cancel a Shop by deactivating it via the Shop Administration provided online by Spreadshirt. Spreadshirt cancels this agreement by notification to the Shop Partner via the email address provided in the Shop Administration. § 12 Modifications of Provisions (1) Spreadshirt will publish any modifications of these general terms and conditions on its website “www.spreadshirt.com”. Shop Owners are bound to any modifications as long as this agreement or parts of it are considered valid. (2) It is agreed that such a change affects neither other rights and duties articled in this agreement. If the shop owner does not agree with a modification made, a cancellation without notice is possible at any time. § 13 Place of Jurisdiction – Place of Fulfillment – Choice of Law (1) Place of fulfillment for all services is the place of business of Spreadshirt in Greensburg, PA. (2) Greensburg, PA is the place of general jurisdiction. (3) If individual provisions of these general terms and conditions are ineffective or against any statutory regulations, the rest of the agreement remains in full effect. version 03/2007
Do you respect intellectual property rights? Do you use original software? When buying something? Would you buy the oringinal product or a cheap product carrying an infringed trademark? Well, you may afford buying original software if you belong to a wealthy country, but in the developing world it is quite expensive and it costs a fortune to buy an original Windows operating system. Do you think people in developing countries have the right to buy infringed software in order to be computer literate? Can governments use compulsory licensing against Microsoft to help their peoples learn how to use computers?
Part 2 of my DVD Decoder question..no spyware here...must be "private" pop up? Please see disclaimer below.. Disclaimer Microsoft, Windows, Vista, DirectX and other Microsoft products referenced here are either trademarks or registered trademarks of Microsoft Corporation or its subsidiaries in the United States and/or other countries. Dolby, Dolby Pro Logic, Dolby Headphone, Dolby Virtual Speaker and the double-D symbol are registered trademarks of Dolby Laboratories. All other marks are the property of their respective owners. DTS and the DTS logo are registered trademarks of DTS Inc. Apple, QuickTime and the QuickTime logo are trademarks of Apple Computer, Inc., registered in the United States and other countries. QuickTime and the QuickTime logo are trademarks used under license. DivX is a registered trademark of DivX, Inc. RealPlayer and RealMedia are trademarks and/or registered trademarks of RealNetworks, Inc. in the United States and/or other countries. Intel, Pentium and ClearVideo are registered trademarks of Intel Corporation. PureVideo is a registered trademark of NVIDIA Corporation. All other marks are the property of their respective owners.
Where to get various business liceneses? skateboard company? Im opening a skateboard company in oregon, and i need to know where to get these things: business license (state and federal) retail license wholesale license and possibly a trademark for my company i need these things for my company, and f you know of any others i might be missing, fill me in thank you
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