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Trademarks, Copyright and Brand Use

Trademarks, Copyright and Brand Usage Policy

This document (the `Policy`) sets the conditions under which you may use the registered and unregistered Trademarks, service Trademarks, logotypes, trade dress, trade names, product names – Pure Body Luxe, Pure Hair Luxe. Pure Face Luxe, Pure Spa Luxe (and all derivatives without space between words), images, and slogans (collectively, the `Trademarks`), Ingredients Lists, Product Names, Product Descriptions, Product Packaging, Marketing Copy and other unique features that make our brand unique - all of which belong to Pure Cosmetica Pty Ltd or its affiliated companies (`Pure Cosmetica`, `we`), in promotional, advertising, instructional, or reference materials.  Pure Cosmetica`s Trademarks are valuable assets for us and we will protect these assets in a lawful manner.  We are happy when people use our Trademarks provided that this serves to promote our brands in a positive manner.  However, to better understand Pure Cosmetica`s position regarding these assets, we wish to outline the rules of such use for a clear understanding for everyone.

What is the Intent of this Policy?

This Policy is intended to balance competing interests and provide clarity on what is acceptable practice for the Trademarks use. On the one hand, we need to ensure that the Pure Cosmetica`s Trademarks are and remain reliable indicators of the quality, safety and reliability that customers expect from our official offerings. Pure Cosmetica highly values the trust of its customers, potential customers, vendors and partners, and we protect our trademark rights to ensure those expectations can be met now and in the future. On the other hand, we would like to ensure that our customers, potential customers, partners, authorized resellers, vendors and the public at large have the freedom to use Pure Cosmetica`s Trademarks in ways that are reasonable and unlikely to create confusion and have guidance on those uses that we consider acceptable.

The Policy applies to all uses of Pure Cosmetica`s Trademarks and is in addition to the terms of any other permission we may have granted you regarding use of our Trademarks, unless otherwise specifically stated in the written consent to such use signed by Pure Cosmetica.

Except for the limited rights to use as expressly permitted under this Policy, no other rights of any kind are granted hereunder, by implication or otherwise. If you wish to use any of Pure Cosmetica`s Trademarks in a manner that is not expressly permitted by this Policy, or otherwise permitted by a legal exception such as fair use, please contact us at info@Pure Cosmetica.com. We will be happy to consider your request. No matter how your use is authorized, any goodwill generated by use of the Trademarks shall inure solely to the benefit of Pure Cosmetica.

Pure Cosmetica may review this Policy from time to time and update its provisions. Please consult this Policy regularly and keep pace.

What are the Pure Cosmetica Trademarks?

The Pure Cosmetica Trademarks include any and all registered and unregistered Trademarks or service Trademarks owned or used by Pure Cosmetica, including logos, logotypes, trade dress, trade names, product names, images, slogans. Please remember that registration of the Pure Cosmetica`s Trademarks is not always necessary for ownership and Pure Cosmetica has rights in its Trademarks regardless of its registration status.

Pure Cosmetica owns Trademarks in a variety of international jurisdictions, please contact us at info@Pure Cosmetica.com to know more about Pure Cosmetica’s registered Trademarks, Copyright and Brands with any queries about Pure Cosmetica’s rights, usage or in its Trademarks.

General Principles of Use for Pure Cosmetica Trademarks

The following general requirements apply to all users of the Pure Cosmetica Trademarks.

No use without permission

You may not use Pure Cosmetica Trademarks unless specifically permitted under this Policy, or pursuant to Pure Cosmetica’s written consent, including the following use: 

  • in the name of your business, product, service, app, or other offering;
  • in domain names and social media accounts and communities names, because consumers who see those are likely to assume that they are official Pure Cosmetica services and accounts;
  • on promotional merchandise that you are selling or distributing (e.g., t-shirts, travel mugs, etc.);
  • in any advertising (creative, digital, social, PPC or otherwise);
  • in any metatags or any other "hidden text" utilizing any Pure Cosmetica Trademarks.

Use the full and exact Trademarks

Pure Cosmetica`s Trademarks should always be used in their full, exact, most-up-to-date form and color. You may not alter, animate or distort the Trademarks or combine them with your own Trademarks or any other symbols, words, images or designs, or incorporate them into a tagline or slogan, change the color, font, proportions, or any other aspect of our graphic Trademarks. Do not use old versions of our Trademarks.

  • Approved artwork for actual Trademarks of Pure Cosmetica can be found here or on the official web pages of the relevant Pure Cosmetica products;
  • If you do not find necessary Trademarks at the link above, or you are not sure, please contact us at info@Pure Cosmetica.com.

Highlight use of the registered Trademarks and give credits our Trademarks

  • While not mandatory, but we would appreciate if you mention Pure Cosmetica`s registered Trademarks and service Trademarks with accompanied by a «TM» symbol (“™”), to indicate that it is a trademark; you may also use the «R in a circle» symbol (“®”), if the Mark in question in a registered Mark. If you are not sure, using the «TM» symbol (“™”) is fine. Do not use the «R in a circle» symbol (“®”) Mark on any Trademarks that are not registered in the jurisdiction of use.
  • We would also appreciate it if the first or most prominent mention of Pure Cosmetica Trademarks is set apart from surrounding text, either by capitalizing, italicizing, bolding, or underlining it.
  • The following notice text should appear somewhere near your first or most prominent mention of Pure Cosmetica Trademarks: [mark] is a trademark or registered trademark of Pure Cosmetica Inc. in the U.S. and other countries. All rights reserved.

No Place for Misleading

  • Any use you make of Pure Cosmetica Trademarks must not confuse consumers, and the Pure Cosmetica Trademarks must not be used in any manner that is false or misleading. So, for example, you may not use Pure Cosmetica Trademarks in a manner that falsely implies an endorsement or sponsorship, partnership by, or an affiliation with, Pure Cosmetica if no such relationship exists.
  • You may not use Pure Cosmetica Trademarks in a manner that may diminish, harm, or otherwise damage the reputation of Pure Cosmetica or the goodwill associated with the Pure Cosmetica Trademarks.
  • You may not use a trademark, domain name, or logos that imitates or could be confused with our Trademarks or falsely suggests affiliation with us.

Respect our Trademarks

You may not overlap our Trademarks with shapes or photos. Do not associate our Trademarks with any vulgar, obscene, indecent or unlawful materials.

We do not appreciate that our 

Specific Requirements and Limitations for Use of the Pure Cosmetica Trademarks

Publications, seminars and conferences use guidelines

You may use the Trademarks in the title or description of publications, seminars, and conferences if:

  • the Trademarks are directly related to a specific Pure Cosmetica product or service that is referenced in the publication, seminar or conference;
  • you express your experiences, recommendations, comments about Pure Cosmetica products and services. In this case, please express that these opinions are your own, use generic terms to accompany the Pure Cosmetica Mark, such as «service», «tool», «product» etc. to help people understand what you are talking about;
  • you use screenshots of Pure Cosmetica product pages, but do not alter the screenshot except to resize it, do not use portions of screenshots, do not include screenshots in your product or user interface, do not use screenshots that contain third-party content, and do not use screenshots that contain an image or name of an identifiable individual or any other personal data.

You may not use the Trademarks:

  • as the leading word or most prominent element in your publication, seminar, or conference title without our specific written consent;
  • more prominently than your product or service name (e.g., in a larger typeface or higher on the page);
  • in a way that could damage Pure Cosmetica`s reputation or goodwill. For example, you cannot use our Trademarks in any manner that disparages Pure Cosmetica or our products or services or portrays Pure Cosmetica in a false, competitively adverse or poor light.

If you include a trademark footnote in your materials to give notice of ownership of your Trademarks or third-party Trademarks, you must add the following wording to your trademark footnote: «All other Trademarks are the property of their respective owners».

Partners, Resellers and Vendors

You may not use the Trademarks to identify us as your partner or client unless we provide you a written consent specifying what Trademarks you can use and how you can use them. For example, if Pure Cosmetica is your client, and the contract between is silent regarding your use of our Trademarks, it does not mean you can use our Trademarks, it means that you should request permission in writing from us. 

Authorised Resellers

If you are an authorised Pure Cosmetica reseller, you may use the Trademarks according to the terms of the agreement between you and Pure Cosmetica. In addition to the rules listed above, the following general rules are applicable: 

  • resellers always must include the symbol ® or ™ as appropriate on all materials using the Trademarks;
  • resellers may not register the Trademarks in any jurisdiction or territory and will assign all registrations to Pure Cosmetica, or adopt, use, or attempt to register any Trademarks in any jurisdiction or territory that are confusingly similar to the Trademarks or in such a way as to create Trademarks using the Trademarks.
  • reseller must always provide Pure Cosmetica samples of all products and materials that contain the Trademarks prior to their public use, distribution or display for Pure Cosmetica`s quality assurance purposes;
  • reseller must obtain Pure Cosmetica`s written approval before the Trademarks usage, distribution or display;
  • at Pure Cosmetica`s request, resellers must promptly modify or stop using the Trademarks if Pure Cosmetica finds that such usage does not comply with current Trademarks usage policies or guidelines.

Pure Cosmetica`s Affiliates

If you are a participant in Pure Cosmetica’s affiliate program, your use of the Trademarks are subject to the Pure Cosmetica affiliate program terms and conditions. Those affiliate program terms and conditions shall apply together with this Policy. 

Other Provisions

By using ours Trademarks, in whole or in part, you are acknowledging that Pure Cosmetica is the sole owner of the Trademarks and promising that you will not interfere with Pure Cosmetica`s rights in the Trademarks, including challenging the Trademarks` use, or registering or attempting to register the Trademarks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into dispute any of Pure Cosmetica`s Trademarks.

By using our Trademarks, you agree that Pure Cosmetica is the sole owner of the Trademarks and all associated goodwill. Pure Cosmetica will be the sole beneficiary of any goodwill associated with your use of the Trademarks.

Pure Cosmetica reserves all rights not expressly granted herein.

Pure Cosmetica may revoke the permissions generally or as applied to your use, at any time at its sole discretion. 

Reporting Abuse of the Trademarks

We appreciate your cooperation with Pure Cosmetica in any legal action, at Pure Cosmetica`s expense, to prevent or halt any unauthorized activity with respect to the use of the Trademarks. Please report any misuse of the Pure Cosmetica`s Trademarks to info@purebodyluxe.com, and provide us with as much information as you can about the use you think might be infringing. We will investigate the use, and if warranted, take appropriate action in our sole discretion. 

Compliance

At the discretion of Pure Cosmetica Pty Ltd, we feel that you are infringing the Trademarks, Copyright and Brand Use policy, we will express this in writing and expect your immediate compliance.

Questions

If you would like to use the Pure Cosmetica Trademarks in a manner that is not covered by this Policy, or if you have any questions regarding this Policy, please contact us at info@purebodyluxe.com, DM us @purebodyluxe or call us on +61 1300 3663 81.

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