Rules for Third-party Use of Distinctive Features

Rules for Third-party Use of Distinctive Features

1. General Information

1.1 Although we'd like to accommodate those who want to add MagicWebsiteMaker.com™ trademarks or distinctive features ("MagicWebsiteMaker.com™ Distinctive Features" or "Distinctive Features") to their websites, we also need to protect Distinctive Features of our Services. Consequently, we must turn down many requests because websites imply that MagicWebsiteMaker.com™ is endorsing them or is otherwise affiliated with them. We also will not allow MagicWebsiteMaker.com™ trademarks, logos, web pages, screen shots, or other Distinctive Features to be associated with objectionable material, as determined by MagicWebsiteMaker.com™.
1.2 We therefore require that you have MagicWebsiteMaker.com™ explicit written permission before using any MagicWebsiteMaker.com™ Distinctive Features.

(a) These Distinctive Features can be used only pursuant to these Rules, our Terms, and for the specific purposes for which MagicWebsiteMaker.com™ has given permission.
(b) If you have a written agreement with MagicWebsiteMaker.com™ that specifically addresses how you may use its Distinctive Features, you don't need to go through the approval process unless you want to do something other than what has been authorized in your existing agreement.
(c) Otherwise, the only time you can use Distinctive Features without advance written permission is if there is clear and express language on our website stating that you can use those Distinctive Features without first obtaining permission.

1.3 When you use any of our Distinctive Features, you must always follow the Rules for Proper Usage included in these Rules.

(a) In addition, MagicWebsiteMaker.com™ may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the MagicWebsiteMaker.com™ Distinctive Features.
(b) If we provide these requirements to you at the time of our approval, you must implement them before using our Distinctive Features.
(c) If we provide these requirements to you after we initially gave our permission, you must implement them within a commercially reasonable timeframe.

2. Approval Process

2.1 You can't use MagicWebsiteMaker.com™ Distinctive Features until we have expressly granted you approval.

(a) The approval to use MagicWebsiteMaker.com™ Distinctive Features is limited to the information provided in your request.
(b) If your anticipated use changes, before or after, MagicWebsiteMaker.com™ grants approval, you must update your request accordingly.

2.2 Please note that we can give you permission only to use the MagicWebsiteMaker.com™ Distinctive Features. We cannot give you permission to use any Distinctive Features belonging to third parties.

3. Trademark Overview

3.1 What is a trademark?

(a) A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others.
(b) A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion.

3.2 Why is it important to use marks correctly?

(a) Rights to a trademark can last indefinitely if the owner continues to use the mark to identify its goods and services.
(b) If trademarks are not used properly, they may be lost and one of the company's most important assets may lose all of its value.
(c) Rights may be lost not only because of a trademark owner's improper use of the mark, but through improper use of the trademark by the public.

4. Rules for Proper Usage

4.1 Permitted Use.

(a) Distinguish the MagicWebsiteMaker.com™ trademark from the surrounding text in some way. Capitalize the first letter, capitalize or italicize the entire mark, place the mark in quotes, use a different type style or font for the mark than for the generic name.
(b) If you do not capitalize the entire mark, always spell and capitalize the trademark exactly as it is shown in the MagicWebsiteMaker.com™ Trademarks and Suggested Accepted Generic Terms below.
(c) Use the trademark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
(d) Use a generic term following the trademark, for example: MagicWebsiteMaker.com™ Services or MagicWebsiteMaker.com™ Business Directory.
(e) Use only MagicWebsiteMaker.com™ approved artwork when using MagicWebsiteMaker.com™ logos.
(f) If you are using a MagicWebsiteMaker.com™ logo on a web page, there must exist a minimum spacing of 25 pixels between each side of the logo and other graphic or textual elements on your web page.

(i) Normally, an unregistered MagicWebsiteMaker.com™ Distinctive Feature should be followed by the superscripted letters TM or SM to give notice that the company claims trademark rights in the term.
(ii) A registered MagicWebsiteMaker.com™ Distinctive Feature should be followed by the symbol ® to identify the term as a registered trademark.
(iii) In advertising copy, notice of trademark rights may be provided in a footnote format; e.g., by placing an asterisk adjacent to the MagicWebsiteMaker.com™ Distinctive Feature and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: * MagicWebsiteMaker is a trademark of MagicWebsiteMaker.com™.

4.2 Impermissible Use.

(a) One of the conditions for all uses is that you can't alter the marks.

(i) Don't remove, distort or alter any element of a MagicWebsiteMaker.com™ Distinctive Feature.
(ii) That includes modifying a MagicWebsiteMaker.com™ trademark, for example, through hyphenation, combination or abbreviation, such as: Magic Website Webmania, Magic Website Sites, MWMsites.
(iii) Do not shorten, abbreviate, or create acronyms out of MagicWebsiteMaker.com™ trademarks.

(b) Don't display a MagicWebsiteMaker.com™ Distinctive Feature as the most prominent element on your web page.
(c) Don't display a MagicWebsiteMaker.com™ Distinctive Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by MagicWebsiteMaker.com™, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of MagicWebsiteMaker.com™ or MagicWebsiteMaker.com™ personnel.
(d) Don't display a MagicWebsiteMaker.com™ Distinctive Feature on any website that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons less than twenty-one years of age, or otherwise violates applicable law.
(e) Don't display a MagicWebsiteMaker.com™ Distinctive Feature in a manner that is in MagicWebsiteMaker.com™ sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to MagicWebsiteMaker.com™.
(f) Don't display a MagicWebsiteMaker.com™ Distinctive Feature on a website that violates any law or regulation.
(g) Don't frame or mirror any MagicWebsiteMaker.com™ page (including the page that appears in response to a click on the MagicWebsiteMaker.com™ logo or MagicWebsiteMaker.com™ link to any of its Services).
(h) Don't incorporate MagicWebsiteMaker.com™ Distinctive Features into your own product name, service names, trademarks, logos, or company names.
(i) Don't copy or imitate MagicWebsiteMaker.com™ appearance, including the look and feel of MagicWebsiteMaker.com™ web design properties or MagicWebsiteMaker.com™ distinctive packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with MagicWebsiteMaker.com™.
(j) Don't adopt marks, logos, slogans, or designs that are confusingly similar to MagicWebsiteMaker.com™ Distinctive Features.
(k) Don't register MagicWebsiteMaker.com™ trademarks as second-level domain names.
(l) Don't use MagicWebsiteMaker.com™ trademarks in a way that suggests a common, descriptive, or generic meaning.
(m) Trademark rights vary from country to country. Some countries have severe criminal and civil penalties for improper use of the registration symbol. Therefore, don't use the registration symbol (®) in countries where the mark has not been registered.

5. MagicWebsiteMaker.com™ Trademarks

5.1 The following are some of the trademarks owned by MagicWebsiteMaker.com™ and the suggested generic terms for those trademarks.

(a) MagicWebsiteMaker.com™ website creator
(b) MagicWebsiteMaker.com™ business directory
(c) MagicWebsiteMaker.com™ hosting services
(d) MagicWebsiteMakerVideos.com™ promotional videos

6. Permissions

6.1 When Do I Need Permission to Use MagicWebsiteMaker.com™ Distinctive Features?

(a) We are very careful about how our trademarks, logos, web pages, screenshots or other distinctive features, are used. We never permit any of our Distinctive Features to be altered, edited or misrepresented.
(b) All of our trademarks, logos, web pages, screen shots and other distinctive features ("MagicWebsiteMaker.com™ Distinctive Features") are protected by applicable trademark, copyright and other intellectual property laws. If you would like to use any of MagicWebsiteMaker.com™ Distinctive Features on your website, in an ad, in an article or book, or reproduce them anywhere else, you may need to first receive permission from MagicWebsiteMaker.com™. We've tried to make this process as painless as possible.
(c) Instructive/illustrative screenshots:

(i) The one instance when you don't need to ask our permission is when you want to use a standard, unaltered MagicWebsiteMaker.com™ screenshot in a print (book, magazine, journal, newspaper) or electronic (web page, DVD, CD) format for an instructive or illustrative purpose. This must be an unaltered (meaning there are no graphics, photos, or advertising copy superimposed on the screenshot you plan to use, nor have you changed the look of the image in any way) image from most of our Services (see special cases below). Examples of instructive or illustrative purposes are: using a screenshot of a MagicWebsiteMaker.com™ website to show where the sponsored links are located or using a screenshot of a MagicWebsiteMaker.com™ business directory page to illustrate how businesses are listed in that directory.
(ii) If you have any concern that your intended use is not allowed, please contact us by filling out the Permission Request Form after you have read the Rules for Third Party Use (the "Rules").

(d) All other uses:

(i) So now, if you have determined that you need to apply for permission to use MagicWebsiteMaker.com™ Distinctive Features, please review the Rules, which provide an overview of the process and set forth certain things you cannot do.