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Legal / Trademark Usage Policy

Trademark Usage Policy

Effective September 17, 2024

Important Points:
Please note these important points about this Trademark Usage Policy (this “Policy”):
  • Please read the entire document carefully as it contains important information about how you may and may not use trademarks and other intellectual property owned by The Swag Group, Parent company of Swag Token LLC and The Swag App. Please also read this Important Notice.
  • The Swag Group has designated specific trademarks that it owns as “Community Marks,” which are marks that anyone can use in accordance with the Permissible Use guidelines set forth below. The Community Marks are SWAG TOKEN® and THE SWAG APP®.
  • All other marks may only be used with the express written permission of The Swag Group. Any usage of any The Swag Group Trademark in a manner that is inconsistent with this Policy is prohibited and may subject you to trademark infringement, unfair competition, or other legal claims or remedies.
  • None of The Swag Group Trademarks may be used in any manner that states or implies endorsement by, affiliation with, or sponsorship by The Swag Group, Swag Token LLC, or any of their respective affiliates or personnel.
  • If you have any questions about this Policy please contact us at copyright@theswaggroup.co. We will respond as promptly as possible.
Introduction
This Policy identifies trademarks and other brand-related intellectual property rights (collectively, the “marks”) owned by The Swag Group and its affiliates (referred to herein collectively as “The Swag Group”, “we,” or “our”) and provides guidance and rules relating to the use of such marks.
The Swag Group Marks
A trademark is a type of intellectual property which may consist of a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of goods or services of one party from those of others. For example, THE SWAG APP® is a trademark owned by The Swag Group, used to identify The Swag Group as the source of goods and services pertaining to THE SWAG APP® and to distinguish The Swag Group’s goods and services from those offered by other parties.
Trade dress is another type of intellectual property covering the total image and overall appearance that identifies and distinguishes the source of goods or services of one party from those of others. For example, trade dress includes the distinctive appearance of The Swag Group’s web pages, social media accounts, and other marketing materials.
A trade name is the name by which a company or organization is known. The Swag Group’s trade names are “The Swag Group” and “The Swag Group, LLC.”
Trademarks, servicemarks, trade dress, and trade names of The Swag Group and its affiliates are collectively referred to herein as “The Swag Group Marks.” Each of The Swag Group Marks may be referred to singularly as a “The Swag Group Mark.” The Swag Group Marks are valuable intellectual property assets of The Swag Group. The Swag Group retains all ownership and exclusive rights to use and control The Swag Group Marks and takes appropriate measures to protect and preserve their strength and associated goodwill.
The Swag Group Community Marks
The Swag Group has designated specific Swag Group Marks as “The Swag Group Community Marks,” which are subject to the permitted use guidelines defined below:
The Swag Group Community Marks include only the following, which are still Swag Group Marks:
SWAG TOKEN®
THE SWAG APP®
The Swag Group considers the following to be permissible uses of The Swag Group Community Marks only if done in connection with the SWAG APP® ecosystem (the “Permissible Uses”):
  1. To accurately indicate that your blockchain, distributed ledger, application, token, smart contract, virtual machine, subnet, or similar, or a tool, plugin, library, server, or other software designed for use with or development of any of the foregoing, is built, developed, and/or designed on or for THE SWAG APP®. In these instances, you may indicate that such material is “powered by THE SWAG APP®” or “built on SWAG TOKEN®” or other appropriate designations to show usage in connection with THE SWAG APP®.
  2. To accurately indicate that your website, online group, or blog is intended to promote THE SWAG APP®.
  3. On an invitation or flyer promoting a meet-up, hackathon, or similar event that is intended to promote THE SWAG APP®.
In addition, the following rules need to be followed:
  1. A Swag Group Community Mark should not be used any more extensively than is reasonably necessary to accurately reference THE SWAG APP® or SWAG TOKEN® pursuant to the permissible uses set forth herein.
  2. The Swag Group Community Mark must be used in its exact form, with the correct spelling, and never altered, abbreviated, hyphenated, pluralized, made possessive, or combined with any other word or words as one word or with a hyphen.
  3. The Swag Group Community Mark must be distinguished by capitalizing each word or by using all capital letters, followed by the appropriate trademark symbol. The following are acceptable forms:
    SWAG TOKEN®
    Swag Token®
    THE SWAG APP®
    The Swag App®
  4. The Swag Group Community Mark must always be used as an adjective modifying a noun (e.g., “SWAG TOKEN® public blockchain” or “THE SWAG APP® platform”).
  5. The Swag Group Community Mark should not be used in any manner that suggests the trademark has a common, descriptive, or generic meaning.
  6. Each use must provide notice of The Swag Group’s ownership of the trademark(s) and disclaimer that clearly indicates that the trademark(s) is/are owned by The Swag Group. For example, the following notice is acceptable:
    The SWAG TOKEN® trademark is owned by The Swag Group. This [application, event, etc.] is not endorsed by, sponsored by, affiliated with or otherwise approved by The Swag Group, LLC.
Any uses of The Swag Group Community Marks that do not comport with this Policy require the prior written consent of The Swag Group (copyright@theswaggroup.co). If you are unsure if your intended use of a Swag Group Community Mark is permissible, you should consult an attorney.
The Swag Group does not purport to grant any rights in any intellectual property owned by third parties. The Swag Group reserves the right, at any time in its sole discretion, to modify the designated Swag Group Community Marks and to change or terminate this Policy. Any such change, update, or termination of this Policy will take effect immediately after its publication or our notification to you. Your use of any of The Swag Group Community Marks after the publication of this Policy, or any updates thereto, or our notification to you, constitutes your acceptance of the then-current Policy. If this Policy is terminated, or if you do not agree with the Policy or any changes thereto, you must cease using The Swag Group Community Marks immediately. It is your sole responsibility to check this Policy regularly.
In using The Swag Group Community Marks in accordance with this Policy, you expressly acknowledge and agree that The Swag Group is the exclusive owner of The Swag Group Marks, that you do not and will not acquire any rights in any Swag Group Mark, and that any goodwill generated by your use of any Swag Group Mark inures solely to the benefit of The Swag Group.
To the extent permitted by law, The Swag Group disclaims any express or implied warranty, including any warranty against non-infringement of third-party intellectual property rights, regarding your use of any Swag Group Mark.
Your use of any of The Swag Group Marks does not imply an endorsement of your business, organization, application, or service by The Swag Group nor does it constitute a partnership or any direct or indirect business relationship between you and The Swag Group.
Use of any Swag Group Mark in a manner that is inconsistent with this Policy is prohibited and may subject you to trademark infringement, unfair competition, or other legal claims or remedies.
Use of The Swag Group Marks
The following prohibitions must be strictly adhered to:
  1. Do not use any Swag Group stylized logo, images, product icons, or other Swag Group graphic symbols without The Swag Group’s express written permission. Subject to other limitations discussed herein, this means that you may only reference a Swag Group Trademark using text in the same font, size, and style as surrounding text.
  2. Do not copy or imitate any trade dress used or owned by The Swag Group. For example, you may not copy or imitate the overall look and feel of any Swag Group website or web page, social media, typography, or advertising or marketing materials.
  3. Do not use or display any Swag Group Trademark in any manner that can be reasonably interpreted to suggest editorial content has been authored by or represents the views or opinions of The Swag Group or its personnel.
  4. Do not incorporate any part of any Swag Group Mark, or any colorable imitation thereof, into any domain name (including but not limited to any sub- or second-level domain), social media handle, application name, or user name.
  5. Do not attempt to register any trademark, business name, or other designation containing or comprising, in whole or in part, any Swag Group Trademark in any jurisdiction throughout the world.
  6. Do not use any Swag Group Mark in any manner that violates any law or regulation, enables false or misleading advertising, or sets forth any objectionable material. Such material may include, but is not limited to, any illegal, defamatory, scandalous, pornographic, or other material determined to be objectionable by The Swag Group in its sole discretion.
  7. Do not use any Swag Group Mark to disparage The Swag Group or any third parties. Without discouraging legitimate opinion or commentary, The Swag Group reserves the right to prohibit use of any Swag Group Mark that in The Swag Group’s sole judgment may diminish or damage The Swag Group’s reputation or the goodwill of The Swag Group Mark.
  8. Do not use or display any Swag Group Mark on merchandise.
Reservation of Rights
The Swag Group reserves the right to take any and all actions it may deem appropriate to protect, preserve, and defend The Swag Group Marks. The Swag Group hereby expressly preserves all such rights and waives none, and nothing herein should be construed otherwise.
Fair Use Trademark Usage Policy for SWAG Token Website The following policy governs the use of trademarks belonging to third-party luxury fashion brands, including but not limited to Louis Vuitton, Balenciaga, Gucci, Hermès, and Fendi. These trademarks are recognized as intellectual property, and we respect the rights of the trademark holders. This policy outlines how SWAG Token will use these trademarks under the principles of fair use. 1. Purpose of Use SWAG Token may reference the trademarks of Louis Vuitton, Balenciaga, Gucci, Hermès, Fendi, and other luxury brands for the following limited purposes:
  • To describe products or services offered by these brands.
  • To discuss or compare features, quality, and other characteristics of products or services associated with these trademarks.
  • To demonstrate the use of these brands in relation to fashion trends, collections, or virtual clothing available for digital simulation purposes in the SWAG ecosystem.
SWAG Token does not intend to suggest any sponsorship, affiliation, or endorsement by these brands unless explicitly stated otherwise. 2. Non-Commercial Commentary and Education SWAG Token will utilize trademarks in the context of non-commercial commentary, education, and general information about fashion and luxury brands. Any use of these trademarks will be made solely to inform and educate users about products offered by Louis Vuitton, Balenciaga, Gucci, Hermès, Fendi, and similar brands. 3. Prohibited Uses SWAG Token will avoid any use of trademarks that:
  • Implies a false affiliation, sponsorship, or endorsement by the brands.
  • Misrepresents the nature of SWAG Token’s relationship with these brands.
  • Is misleading, defamatory, or damaging to the brand reputation.
  • Uses the trademarks in a way that may cause confusion or harm to consumers or the brand owners.
4. Respect for Intellectual Property All trademarks mentioned remain the exclusive property of their respective owners. SWAG Token acknowledges the importance of intellectual property rights and will refrain from unauthorized copying or alteration of any trademarked logos, brand elements, or product designs. All content that references third-party trademarks will be done within the confines of fair use guidelines. 5. Fair Use Notice References to Louis Vuitton, Balenciaga, Gucci, Hermès, Fendi, and other brands are made under the principles of "nominative fair use," which allows the use of a trademark to identify, describe, or compare the products and services of the trademark holders. No material on this website is intended to infringe on the intellectual property rights of these brands. 6. Disclaimers
  • SWAG Token is not affiliated with, endorsed by, or associated with Louis Vuitton, Balenciaga, Gucci, Hermès, Fendi, or any other trademarked brands referenced on this site.
  • Any logos, brand names, or references to specific products are used solely for descriptive and informational purposes.
Fair Use Trademark Usage Policy for SWAG Token Website The following policy governs the use of trademarks belonging to Bitcoin and Ethereum as they may appear on the SWAG Token website. These trademarks are recognized as intellectual property, and we respect the rights of their respective communities and organizations. This policy outlines how SWAG Token will use these trademarks under the principles of fair use. 1. Purpose of Use SWAG Token may reference the trademarks of Bitcoin and Ethereum for the following limited purposes:
  • To describe the technical and functional relationships between SWAG Token and blockchain technologies such as Bitcoin or Ethereum.
  • To discuss or compare features, innovations, or developments related to Bitcoin or Ethereum blockchain ecosystems.
  • To provide educational content about blockchain technology and cryptocurrencies in general, including Bitcoin and Ethereum.
Any use of these trademarks will be solely for informational or descriptive purposes and not intended to suggest endorsement or affiliation unless explicitly stated. 2. Non-Commercial Commentary and Education SWAG Token will utilize the trademarks of Bitcoin and Ethereum in the context of non-commercial commentary, education, and general information regarding blockchain technology and cryptocurrency. Any reference to Bitcoin or Ethereum will serve to inform users about these platforms' underlying technologies, their functionalities, and their relevance to SWAG Token’s ecosystem. 3. Prohibited Uses SWAG Token will refrain from using the Bitcoin and Ethereum trademarks in ways that:
  • Suggest a false sponsorship, partnership, or endorsement by Bitcoin or Ethereum.
  • Misrepresent the relationship between SWAG Token and these blockchain networks.
  • Use the trademarks in any deceptive or misleading manner.
  • Violate the principles of fair competition or intellectual property laws.
4. Respect for Intellectual Property While Bitcoin and Ethereum are decentralized and open-source projects, their respective logos and names are protected under trademark laws in some jurisdictions. SWAG Token will respect any official guidelines governing the use of these trademarks and avoid unauthorized use of logos, symbols, or brand elements associated with Bitcoin and Ethereum. 5. Fair Use Notice References to Bitcoin and Ethereum on the SWAG Token website are made under the principles of "nominative fair use," which allow the use of a trademark to identify or describe the products, technologies, or services associated with these networks. No material on this website is intended to infringe upon the intellectual property rights or trademark guidelines of the Bitcoin or Ethereum communities or organizations. 6. Disclaimers
  • SWAG Token is not affiliated with, endorsed by, or officially associated with Bitcoin, Ethereum, or any of their respective trademark holders.
  • Any use of the Bitcoin or Ethereum names, logos, or related brand elements is purely for informational and educational purposes and in compliance with fair use principles.
Contact Information
If you have any questions about this Policy or learn of any use or misuse of The Swag Group Marks that might cause confusion in the marketplace or that is in violation of this Policy, please contact us at copyright@theswaggroup.co.

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