Legal

Trademark Use Policy

Last Updated: May 3, 2012

If you wish to use Inktank Storage, Inc. (“Inktank”) trade names, trademarks, service marks, logos, domain names, social media identifiers, or other distinctive brand features (collectively “Inktank Marks,” each an “Inktank Mark”), our policy only allows you to use a subset of the Inktank Marks (identified in the list linked below) only so long as such use is in compliance with this Trademark Use Policy (“Policy”) and your actions are otherwise in compliance with the Guidelines (as defined below), and any other agreements, guidelines, or policies incorporated by reference therein. Any use of the Inktank Marks must be in accordance with this Policy. Any use that does not comply with this Policy or the Guidelines is not authorized and may, in Inktank Storage’s sole discretion, result in termination of your right to use the Inktank Marks without any opportunity for reinstatement, or additional action.

List of Inktank Marks and Suggested Accepted Generic Terms

“Inktank”
“Inktank Certified”
“Ceph”
“Ceph Certified”
“Ceph Octopus Logo”
“Ceph logo” (generally concentric curved lines, the lines being open at their bottom ends, with a solid circle in the center)
“Ceph, the future of storage”
“Empowering the future of storage”
“The future of storage”

As Inktank adopts additional trade names, trademarks, service marks, logos, domain names, social media identifiers, and other distinctive brand features, this list will be updated to reflect the Inktank Marks suitable for use pursuant to this Policy.

License

Inktank grants to you a revocable, limited and restricted, nonexclusive, nontransferable, nonassignable, royalty free license to use the Inktank Marks identified in the list linked above in the United States and any territory where a particular Inktank Mark is registered (as set forth in the list linked above) solely for the purpose of referring to and identifying the relevant Inktank’s products and services and only so long as such use is in compliance with this Policy and your actions are otherwise in compliance with the Guidelines, and any other agreements, guidelines, or policies incorporated by reference therein. You acknowledge that, as between you and Inktank, Inktank is the sole and exclusive owner of the Inktank Marks and all goodwill therewith. You agree not to do anything inconsistent with Inktank’s ownership of the Inktank Marks, and that all uses of the Inktank Marks shall inure to the benefit of Inktank. You agree that all Inktank Marks are provided on an “as is” basis and that you use them at your own risk.

Introduction

Inktank is passionate about protecting our brand, but understands that members of the community must be able to identify their relationship with Inktank or refer to Inktank’s products or services. Notwithstanding the foregoing, Inktank does not hereby endorse any providers of other products or services or the content on their websites (each a “Site”), and cannot be identified or implied as making such an endorsement or being affiliated with any such product, service, site or any sites’ content unless an expressly agreed to in writing by Inktank explicitly specifying the terms of any such endorsement or affiliation. Furthermore, the Inktank Marks cannot be associated with objectionable material, as set forth in Inktank’s Authorized Use Guidelines, which may be found at [LINK] (the “Guidelines”).

Inktank allows the Inktank Marks only to be used as set forth in this Policy and for the specific purposes for which Inktank has given explicit permission in writing. Other than making nominal use of the Inktank Marks as set forth herein, you may not use the Inktank Marks without first obtaining Inktank’s written permission. Without limiting the generality of the foregoing, you must obtain Inktank’s prior written permission in advance of any use of Inktank Marks that would suggest or imply any endorsement by or affiliation with Inktank.

When you use any of the Inktank Marks, you must always follow the Rules for Proper Usage included in this Policy. In addition, Inktank may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the Inktank Marks. You must implement and ensure your compliance with these requirements before using the Inktank Marks. If these requirements change, including any changes to terms of this Policy, you must implement those changes within a commercially reasonable timeframe.

Any questions about usage, requests for clarification or permission may be submitted to trademark@inktank.com.

Trademark Basics

What is a trademark?

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. Trademarks exist to help consumers identify, and companies publicize, the source of products and services. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion. When others use a company’s trademarks, consumers may become confused as to the source of products sold under that trademark.

Why is it important to use trademarks correctly?

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

Rules for Proper Usage

General:

  • As a general rule, the Inktank Marks may not be used in any manner other than expressly authorized in a written agreement or as expressly permitted by this Policy.
  • You must use Inktank Marks in accordance with this Policy and the Guidelines. No other rights of any kind are granted hereunder by implication or otherwise.

Things To Do:

  • If you are using an Inktank Mark, distinguish it from the surrounding text in some way. Capitalize the first letter, capitalize, bold, underline, or italicize the entire Inktank Mark, place the Inktank Mark in quotes, or use a different type style or font for the Inktank Mark than for the generic name.
  • If you do not capitalize the entire Inktank Mark, always spell and capitalize the Inktank Mark exactly as shown in the list of Inktank Marks linked above.
  • Use the Inktank Mark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
  • Use a generic term following the Inktank Mark, for example: Inktank™ cloud application hosting services.
  • When using Inktank’s logos, use only Inktank-approved artwork, as Inktank may designate from time-to-time in the list linked above.
  • If you are using a Inktank logo on your Site, there must exist a minimum spacing of 25 pixels between each side of the logo and other graphic or textual elements on your Site.
  • Unregistered Inktank Marks, as set forth in the list linked above, should be followed by the superscripted letters TM or SM to give notice that the company claims trademark rights in the term. Registered Inktank Marks, as set forth in the list linked above, should be followed by the symbol ® to identify the term as a registered trademark. In advertising copy, notice of trademark rights may be provided in a footnote format – e.g., by placing an asterisk adjacent to the Inktank Mark and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: *Inktank™ is a trademark of Inktank Storage, Inc.

Things You Can’t Do:

  • Do not modify the Inktank Marks in any way. Do not remove, distort, or alter any element of an Inktank Mark. That includes modifying an Inktank Mark, for example, through hyphenation, abbreviation, or combination with any other word or words. Do not shorten or create acronyms out of the Inktank Marks.
  • Don’t display an Inktank Mark as the most prominent element on your Site.
  • Don’t display an Inktank Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Inktank, or that can be reasonably interpreted to suggest that editorial content has been authored by, or represents the views or opinions of Inktank or Inktank personnel.
  • Don’t display an Inktank Mark on any Site that contains or displays nudity, pornography, adult, or mature content, or material that otherwise appeals to the prurient interest, violent, graphic, or gory content, child abuse or molestation, content related to racial intolerance or advocacy against any individual, group, or organization, excessive profanity, hacking/cracking content, including any content that violates DMCA anticircumvention prohibitions, gambling or casino-related content, illicit drugs and drug paraphernalia content, sales of beer, malt liquor beverages, or hard alcohol, sales of tobacco or tobacco-related products, sales of prescription drugs, sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, or stun guns), trademark and copyright Infringements – e.g., Sites devoted to selling fake handbags or bootleg DVDs, or Sites promoting illegal file downloads, fake documents, and cheating services – content enabling a consumer to evade the law, education systems, or other good-faith arrangements, content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites, or reading emails, or any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
  • Don’t display an Inktank Mark in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Inktank, as shall be determined in Inktank’s sole discretion, which determination shall be communicated to you at the contact information listed on your Site or at the WHOIS information in your Site’s domain name registration, including any contact information listed for an anonymous registration service.
  • Don’t display an Inktank Mark on a Site that violates any law or regulation.
  • Don’t frame or mirror any Inktank webpage, including but not limited to any portion of cephstorage.com.
  • Don’t incorporate Inktank Marks into your own product name, service names, trademarks, logos, domain names, social media identifiers, or company names.
  • Don’t copy or imitate Inktank’s trade dress, including the look and feel of Inktank web design properties, including but not limited to any portion of Inktank.com, brand packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with Inktank.
  • Don’t adopt marks, logos, slogans, domain names, social media identifiers, or designs that are confusingly similar to any Inktank Mark.
  • Don’t apply to register or register any term comprised or consisting of in whole or in part the Inktank Marks or any confusingly similar mark as trademarks, service marks, corporate names, trade names or domain names, second-level domain names, Internet keywords, metatags, or trigger words to lead to a website or other Internet destination.
  • Don’t use Inktank Marks in a way that suggests a common, descriptive, or generic meaning.
  • Trademark rights vary from country to country. Some countries have penalties for improper use of the registration symbol. Therefore, don’t use the registration symbol (®) in association with an Inktank Mark in any country where that Inktank Mark has not been registered, as set forth in the list linked above.

Linking:

You may link to Inktank’s website(s) only for the purpose of referring to and identifying Inktank or the relevant Inktank products and services.

Restrictions:

Linking is only allowed if you:

  • Use one of the banners or buttons listed above.
  • Follow this Policy.
  • Point the destination URL to the cephstorage.com.
  • Don’t alter any Inktank Marks, including the banners and buttons provided above, except as expressly set forth below.
  • Don’t do anything that might confuse visitors to your website into mistaking the source or origin of the website or content that they are viewing or downloading.

You may customize the banners and buttons listed above only in the following ways:

  • Modify the background color of the banner or button.
  • Change the size of the banner or button.

Publications And Presentations

You may use the Inktank Marks (other than logos) in publications or in connection with the presentations and publications that are displayed to the public (collectively, “Publications”), provided that:

  • such use is limited to a matter of fact referencing to Inktank’s services, and you are not purporting to represent Inktank, its service or community.
  • the Inktank Marks are not used to promote your own products and services.
  • the Inktank Marks are not used in an attention-getting or branding manner.
  • your name or mark and logo appears in a prominent location on the cover or the title page of the Publication and is featured with greater prominence than the Inktank Marks.
  • you comply with this Policy and all applicable Guidelines.
  • you attribute the Inktank Marks with the proper symbol and footnote it on all Publications as explained above under “Things to Do.”

You may not use any Inktank Marks which are logos or symbols without obtaining prior written permission from Inktank.

Questions Regarding Use of Inktank Marks

If you wish to obtain our permission for any uses above or for any other use which is not specifically addressed in this Policy, please contact us by email at legal@inktank.com. Please note that permission will only be granted under certain conditions and/or subject to you entering into an agreement with us to maintain the quality of the services you offer.

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