This Copyright and Trademark Policy is effective and last updated as of August 31, 2021.
This Copyright and Trademark Policy (the “Policy”) is concluded between the API2Cart’s Clients, or the Partners, or the website (https://api2cart.com/) visitors, etc. (“you”) and API2Cart regarding the intellectual property rights of API2Cart.
This Policy is an integral part of the Terms of Service of API2Cart. By using the Site and/or the Service, you irrevocably agree to this Policy. If you do not agree to this Policy, you may not use the Site or the Service.
1.1. API2Cart shall own all worldwide right, title, and interest (including copyright and other proprietary or intellectual property rights) in and to the API2Cart Service’s source code (“API2Cart’s Code Content”).
1.2. API2Cart Service is proprietary software of API2Cart, which is offered for a fee declared at https://api2cart.com/ website and delivered as a SaaS (Software as a Service) model or On-Premises Software model. API2Cart Services 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 API2Cart Service.
1.3. API2Cart may use its own and/or may purchase third party licenses for products or services that are necessary for API2Cart 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 API2Cart deems necessary to purchase on behalf of the Clients to perform the Services.
1.3.1. Any Outside Content used to perform the Services may be owned by API2Cart and/or such third parties and cannot be transferred to Clients and shall remain the property of API2Cart and/or such third parties, unless otherwise agreed in the Agreement. Outside Content which is owned and/or purchased by API2Cart may be used in the design and/or development of other web sites and applications for other Clients of API2Cart.
1.4. API2Cart may also incorporate the materials, if any, provided by the Client and expressly identified in the Agreement, including, without limitation, trade or service marks, images, illustrations, graphics, multimedia files and/or text (“Client’s Content”), provided that Client delivers such Client’s Content to API2Cart promptly and in such media and/or electronic file format(s) designated in the Agreement. Client shall retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in and to the Client’s Content.
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 API2Cart Service or the API2Cart’s Code Content in any way.
- Alter, modify, translate, or create derivative works based on the API2Cart Service or the API2Cart’s Code Content.
- Disassemble, decompile, or reverse engineer the API2Cart’s Code Content or any aspect of the API2Cart Service, or otherwise attempt to derive or construct source code or other trade secrets from the API2Cart’s Code Content.
- Build a competitive product or service to the API2Cart Service or to the API2Cart’s Code Content or service that uses the same features, functions, or graphics to the API2Cart Service or to the API2Cart’s Code Content.
- Use the API2Cart Service or the API2Cart’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 API2Cart the fine in the amount of real direct documentary proven damages of API2Cart.
- If the API2Cart Service or the API2Cart’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 API2Cart Service or the API2Cart’s Code Content from the public access.
- If the API2Cart Service or the API2Cart’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 API2Cart website (https://api2cart.com/), including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with API2Cart. You may not copy API2Cart website’s (https://api2cart.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 API2Cart the fine in the amount of real direct documentary proven damages of API2Cart and stop imitating the trade dress or “look and feel” of API2Cart website (https://api2cart.com/) within a reasonable period of API2Cart’s request, but in no situation, more than five (5) working days after API2Cart’s request.
2.1. “API2Cart trademarks” means “API2Cart”, “api2cart.com” and API2Cart 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 API2Cart.
2.2. API2Cart does not permit you to use API2Cart trademarks, unless you have obtained prior written approval from API2Cart or otherwise was agreed in a written Agreement between you and API2Cart. Nothing in this Policy shall grant or be deemed to grant you any right, license, title or interest in or to any API2Cart trademarks. API2Cart reserves all intellectual property rights in and to the API2Cart trademarks and the goodwill associated therewith.
2.3. The marketing materials containing the API2Cart trademarks may be received only from API2Cart upon its prior written approval.
2.4. You shall not directly or indirectly:
- Use the API2Cart trademarks in any manner to harm or adversely affect the API2Cart trademarks or the goodwill associated with the API2Cart trademarks.
- Display the API2Cart 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 API2Cart 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 API2Cart 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 API2Cart trademarks.
2.5. If you breach any of the provisions of section 2 of the Policy, then you shall pay to API2Cart the fine in the amount of real direct documentary proven damages of API2Cart and stop using API2Cart trademarks within a reasonable period of API2Cart’s request, but in no situation, more than five (5) working days after API2Cart’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 Site and/or Services, 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 submit the contact us form.