Trademarks Terms and Conditions
These terms can conditions relate to the usage of trademarks owned by Mesoform Limited (hereinafter Mesoform). Those trademarks listed below
If a request through the Mesoform website contact form ("Request") to use any Mesoform trademarks ("Trademarks") is approved, The Requester agrees to be bound by the following terms and conditions (the "Agreement"). Any use of Trademarks which has not had a Request made and approved is strictly prohibited.
The Requester and Mesoform, hereinafter identified by each, a "Party" and, collectively, the "Parties".
You agree to comply with the guidelines outlined in the response to that Request for Third Party Use of those Trademarks ("Response"). Provided that Mesoform expressly approves your permission Request, and so long as you comply with the guidelines, Mesoform grants you a non-exclusive, royalty-free, non-transferable, limited license to use the Mesoform’s Trademarks set forth in your corresponding Request for the sole purpose and only for the materials set forth therein.
Any use of the Trademarks must be accompanied by a notice that clearly indicates that the Trademarks are trademarks of Mesoform Limited. Your use of the Trademarks will result to the benefit of Mesoform.
Any use of Trademarks are under the premise that the Trademarks are provided "as is"; and that Mesoform disclaims any warranties either implied, or directly expressed by law regarding the Trademarks, including any warranties of non-infringement.
As the use of the Trademarks is not charged, in no manner will Mesoform be liable to you for the subject matter of this Agreement under any theory of liability including for any direct, indirect, special, punitive, incidental, consequential, exemplary or any other damages of any nature arising out of this Agreement or the use of the Trademarks. Furthermore, this limitation shall even apply if Mesoform was or should have been aware or was advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein.
Unless specifically agreed in the Response, you agree not to challenge or assist others to challenge the Trademarks (except to the extent such restriction is prohibited by applicable law).
Unless specifically agreed in the Response, you agree not to register or attempt to register any trademarks, trade names, domain names, or other distinctive brand features that are confusingly similar to those of Mesoform.
This Agreement is not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party. You may not assign any rights or obligations under this Agreement without Mesoform’s prior written consent.
The Parties are considered independent contractors; and neither Party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose. Neither shall they have any power, authority, or right to create any obligation or responsibility on behalf of the other. Should Mesoform waiver a breach of any provision hereof, it shall not be taken or held to be a waiver of the provision itself.
Should any provision of this Agreement be held by a court of competent jurisdiction to be contrary to law, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. All remaining provisions of this Agreement shall stay in full force and effect.
This Agreement, the Request and the Response, constitute the entire agreement between the Parties with respect to the subject matter hereof.
Mesoform reserves the right to take action against any use that does not conform to this Agreement, infringes any Mesoform intellectual property or other right, or violates applicable law; and maintains sole discretion to terminate or modify your permission to use the Trademarks.
Except as set forth above, nothing herein grants or should be deemed to grant to you any right, title or interest in or to the Trademarks.
This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).