Contact: Hello@joshandtamra.com
Subject to the following terms and conditions of this Hyperlink License Agreement ("License"), Josh Cohen and Tamra Malaga DBA Glue Gun Productions will grant you a nonexclusive, royalty free, non-transferable license to create a hyperlink from your Internet Website to our Website (the "Link") and/or use the Glue Gun or Josh and Tamra logos displayed below (the "Link Logo"). Except as expressly provided in this License, all rights to Glue Gun's intellectual property are specifically reserved. To indicate your acceptance of the terms and conditions contained in this License, please click the button marked "I Accept" at the end of this Agreement.
a. Form of Link. You may only Link to our home page at: www.joshandtamra.com. If used, the Link Logo must be used as a link to www.joshandtamra.com. You may not use the Link Logo as a static image. You may not frame any Glue Gun Website or modify or alter the content or manner of display of a Glue Gun Website.
b. Proprietary Marks. The Glue Gun and Josh and Tamra names, Links, and Link Logos contain Glue Gun's proprietary logos, trademarks, and service marks (collectively, "Glue Gun Marks"). The Glue Gun Marks may not be modified or altered in any way. You may not use the Glue Gun Marks:
• To imply sponsorship or endorsement by Glue Gun;
• To disparage Glue Gun, its product or services;
• In connection with any products or services that in Glue Gun 's sole
judgment may diminish or damage the goodwill in the Glue Gun Marks, including,
but not limited to, use of the Glue Gun Marks in connection with pornography,
violent images, and other objectionable material;
• In such a way that the Glue Gun marks are displayed more prominently
than the name/logo of your company; or
• To infringe Glue Gun’s intellectual property rights or violate
any state, federal, or international law.
c. Trademark Notice. The following notice shall be included on the Web page in which the Link or Link Logo appears: "Glue Gun Productions, The Josh and Tamra Show, the Glue Gun Productions Logo, and the The Josh and Tamra Show Logo are trademarks of Glue Gun Productions.”
d. Disclaimer of Warranties. GLUE GUN'S WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF GLUE GUN'S WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
e. Limitation of Liability and Remedies. YOU AGREE THAT GLUE GUN SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK(S) AND/OR LINK LOGO(S). YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE GLUE GUN AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEY FEES, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.
f. Indemnity. You agree to defend, indemnify, and hold harmless Glue Gun and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorney fees as provided in this Agreement, arising out of any claim relating to your use of the Glue Gun company name, the Josh and Tamra Show name, the Link(s), or the Link Logo(s) by paying all amounts that a court finally awards or that you agree to in settlement of such claims.
g. Termination of License. Glue Gun may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. Glue Gun has the right to inspect your Website from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to Glue Gun, including the Link and Link Logo, within twenty-four (24) hours of written request by Glue Gun.
h. Entire Agreement. This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.
i. Severability of provisions. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
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