General Terms of Use
The Vetrazzo® Web Site (the "Site") is an online information service provided by Vetrazzo, LLC ("Vetrazzo"), subject to your compliance with the terms and conditions set forth below.
Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. Vetrazzo reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.
The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products offered by Vetrazzo.
Vetrazzo or third parties granting rights to Vetrazzo hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Vetrazzo or such third parties. Vetrazzo grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Vetrazzo website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Vetrazzo.
Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Vetrazzo. The terms and conditions applicable to any Vetrazzo product are contained in the specific agreement(s) relating to such product.
Availability
Information Vetrazzo publishes on its Web Site may contain references or cross references to Vetrazzo products, programs and services that are not announced or available in your country. Such references do not imply that Vetrazzo intends to announce such products, programs or services in your country. Contact Vetrazzo at info@vetrazzo.com for information regarding the products, programs and services which may be available to you.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by Vetrazzo. Such links do not constitute an endorsement by Vetrazzo of any such sites. You acknowledge that Vetrazzo is providing these links to you only as a convenience, and you agree that Vetrazzo is not responsible for the content or links displayed on such sites to which you may be linked.
Disclaimer of Warranties and Liability
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Vetrazzo. Vetrazzo does not warrant the accuracy or timeliness of the materials. Vetrazzo has no liability for any errors or omissions in the materials, whether provided by Vetrazzo or third parties.
Information offered on this Site is provided "as is" and "where-is" basis, without warranty. Vetrazzo, for itself and any third party providing materials, service, or content to this website, make no representations or warranties in connection with the site, including but not limited to the quality, suitability, truth, accuracy or completeness of any material, information, product or service contained on the site. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights are hereby disclaimed. In no event will Vetrazzo be liable to you or any third party for any damages of any kind, including but not limited to direct, indirect, special, consequential, or punitive damages arising from or connected with any use of this Site or any linked site including, without limitation, your use fo this site or your inability to use the site, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if Vetrazzo is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will Vetrazzo warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products featured on this Site.
Inaccuracies or Errors
The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. Vetrazzo does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site may change without notice to you at any time in Vetrazzo’s sole discretion.
Vetrazzo shall have the right to refuse or cancel any orders placed for product listed at an incorrect price. Vetrazzo shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Vetrazzo shall promptly issue a credit to your credit card account in the amount of the charge.
Local Laws; Export Control
Vetrazzo controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Confidentiality
Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to Vetrazzo (collectively "Feedback") shall be deemed to be non-confidential and shall become the sole property of Vetrazzo. Subject to the conditions described on the privacy page of this Site, Vetrazzo shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.
Trademark Rights
Vetrazzo®, the Vetrazzo Logo, “A story in every surface” and any other Vetrazzo product and/or service names referenced in this Site ("Vetrazzo Marks") are trademarks and service marks or registered trademarks and service marks of Vetrazzo. Your use of the Vetrazzo Marks is governed by the Vetrazzo Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners.
Copyright Information
Copyright Notice: © 2006-2007 Vetrazzo, LLC. All Rights Reserved. Please refer to the Vetrazzo Copyright Usage Requirements for additional information concerning copyrights.
Linking Policy
You are granted a limited, non-exclusive and non-transferable right to create a hypertext link to this Site provided that such link (i) does not portray Vetrazzo or any of its products in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by Vetrazzo. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any Vetrazzo trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without Vetrazzo's express written consent. To obtain consent, please email your request to info@vetrazzo.com or send regular mail to Internet Manager; Vetrazzo; Ford Point Suite 1400, 1414 Harbour Way South; Richmond, CA, 94804; USA. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any Vetrazzo Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of Vetrazzo.
Vetrazzo makes no representations, warranties or endorsements with respect to any non-Vetrazzo web site which may be accessed from this Site. When you access a non-Vetrazzo web site, please understand that Vetrazzo has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.
Special Admonition for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy.
Jurisdictional Issues
This Site is controlled and operated by Vetrazzo through its corporate headquarters within the State of California and this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. You agree that any legal action or proceeding between Vetrazzo and you for any purpose concerning this Site or the parties' obligations hereunder shall be brought exclusively in the U.S. District Court for the Northern District of California or state court of competent jurisdiction sitting in Contra Costa County, California.
Indemnification
You agree to indemnify, defend and hold harmless Vetrazzo, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.
Miscellaneous
No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.
Any action against Vetrazzo must be brought within six (6) months after the cause of action arises. Vetrazzo is not responsible for delay or failure to perform due to causes beyond its reasonable control.
Unauthorized Activities
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Vetrazzo and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Any rights not expressly granted herein are reserved.
Vetrazzo Third-Party Trademark and Logo Usage Requirements
These Trademark and Logo Usage Requirements ("Usage Requirements") set forth Vetrazzo, LLC's rules for third parties using or referring to Vetrazzo's brand names, trademarks, service marks, product and service names, logos, and slogans (collectively referred to as "Vetrazzo Marks"). They apply to all non-Vetrazzo parties using or making reference to Vetrazzo Marks unless a separate license agreement applies. Other requirements apply to Vetrazzo licensees and are set forth in a specific license agreement.
General
Vetrazzo's Marks are Vetrazzo intellectual property and are important and valuable assets of the company. Any use of Vetrazzo Marks that is inconsistent with these Usage Requirements, or other unauthorized use of Vetrazzo Marks or marks that are confusingly similar to Vetrazzo Marks, may violate Vetrazzo's legal rights. Vetrazzo appreciates your compliance with these Usage Requirements and will take steps to protect the Vetrazzo Marks against improper use and infringement. Vetrazzo reserves the right to object to any use of Vetrazzo Marks (or anything confusingly similar to a Vetrazzo Mark) that Vetrazzo deems to be unlawful under the circumstances, even if that use is not expressly prohibited by these Usage Requirements.
Fair Use of Vetrazzo Marks
You may refer to Vetrazzo products by their appropriate Vetrazzo Mark (other than logos and stylized marks), so long as such references (a) are truthful, fair, and not misleading, and (b) comply with these Usage Requirements.
Vetrazzo Logos and Stylized Marks
You should never use Vetrazzo logos or stylizations of Vetrazzo Marks unless you have a license agreement or other explicit written permission from Vetrazzo to do so.
Proper Use of Trademark Symbols
Always use the proper trademark symbol (, sm, or ®) immediately following at least the first reference to the trademark on any page.
The exception to the above rule is when the "Vetrazzo" name is used as our company name, as opposed to an identifier of one of our products. In this case you should not use the ® symbol.
Please note the correct spelling of "Vetrazzo.”
Correct Uses of Vetrazzo Marks
The following examples illustrate the correct use of or ® for all of Vetrazzo’s marks, and in the case of “Vetrazzo”, it also illustrates the correct use of the trademark as an adjective with the correct generic noun:
Vetrazzo® surfaces
A story in every surface
Certificate of Transformation
The above list is the complete list of Vetrazzo marks.
Acknowledgment of Trademark Rights
Assuming your use of a Vetrazzo trademark is permitted, you should always acknowledge that Vetrazzo, LLC owns the trademark. If it is not clear from the context of the use of the Vetrazzo Mark (e.g., Vetrazzo's Certificate of Transformation), you should include a separate acknowledgment. The acknowledgment should appear in legible type in any materials in which a Vetrazzo Mark appears. The following language is acceptable:
"Vetrazzo and [Insert Vetrazzo Marks used] are trademarks and/or registered trademarks of Vetrazzo, LLC."
Materials that mention Vetrazzo only:
"Vetrazzo is a registered trademark of Vetrazzo, LLC."
Remember that the inclusion of a trademark symbol and acknowledgment does not turn an improper use of a Vetrazzo Mark into a proper use or entitle you to use any Vetrazzo Mark in a way prohibited by law or otherwise not allowed under these Usage Requirements.
Prohibitions
Do not use any Vetrazzo Mark, and do not adopt a "look and feel" with respect to any publication or Web site, in a way that might cause confusion about the relationship between Vetrazzo and any other party or any non-Vetrazzo product (e.g., as to source, origin, sponsorship, or endorsement).
Do not incorporate any Vetrazzo Mark into your own product names, service names, trademarks, logos, or company names, and do not adopt marks or logos that are confusingly similar to any Vetrazzo Marks.
Do not use or reproduce any Vetrazzo logos unless you have explicit written permission to do so.
Do not use any Vetrazzo Mark as a meta tag for your web pages.
Do not use any Vetrazzo Mark or any confusingly similar words as your domain names or as parts of your domain names.
Do not use any Vetrazzo Mark or any confusingly similar words as the alphabetic equivalent of a phone number (e.g., 1-800-GET-VETRAZZO).
Do not use Vetrazzo Marks as Internet search "keywords" or in any other way that is intended to or has the effect of directing traffic to a non-Vetrazzo Web site.
Do not state or imply that you have or are claiming rights in any Vetrazzo Mark.
Do not use Vetrazzo Marks in any improper way that would disparage Vetrazzo, LLC, or its products (i.e., unfair competition, false or misleading, etc.).
Questions
Any questions regarding these Usage Requirements should be directed to info@vetrazzo.com.
Version and Right to Make Changes
These Trademark and Logo Usage Requirements were originally posted on April 17, 2007. Vetrazzo reserves the right to change these Usage Requirements at any time by posting a revised version on this Web site.
Vetrazzo Trademarks List
Vetrazzo®
A story in every surface
Certificate of Transformation
Standard Trademark Language
All materials using Vetrazzo trademarks must cite that these marks belong to Vetrazzo, LLC. Standard lines for all geographic markets would read:
Materials that mention Vetrazzo only:
Vetrazzo is a registered trademark of Vetrazzo, LLC.
Materials that mention Vetrazzo and trademarked products or phrases:Vetrazzo and [insert list of all other Vetrazzo trademarks referred to] are trademarks or registered trademarks of Vetrazzo, LLC.
Questions about Vetrazzo trademarks and their usage may be referred to info@vetrazzo.com.
Vetrazzo Copyright Usage Requirements
The following requirements apply to all content contained on the Web site having the primary URL of vetrazzo.com (referred to below as the "Vetrazzo Web Site"):
Everything that appears on the Vetrazzo Web Site, including articles, graphics, photographs, and other information, individually and as a collective whole (all of which is referred to as the "Content"), as well as the "look and feel" of the Vetrazzo Web Site, is protected under the copyright laws of the United States and applicable international copyright laws and treaties. No display, copying, modification, publication, performance, reverse engineering, or redistribution of the Content by any method is permitted except as provided in these Usage Requirements.
The copyrights in the Content are owned by Vetrazzo, LLC ("Vetrazzo") or by third parties who have licensed their materials to Vetrazzo. These third-party materials are also copyrighted, and no copying or redistribution is permitted without the express written permission of Vetrazzo and the third party.
The following applies to all Vetrazzo materials on the Vetrazzo Web Site:
Limited License to Copyrighted Vetrazzo Materials Individual Use:
Except for Content identified as being licensed from a third party, you may download, store, print, and copy selected portions of the Content for your own personal, noncommercial use, provided that:
1. You do not modify or alter the Content in any way.
2. You do not delete or modify any copyright or trademark notices.
3. You do not publish or post any part of the Content on any other Internet site.
4. You do not display, publish, or broadcast any part of the Content in or on any other media.
5. You do not sell or charge others for the use of any materials you print or download.
Fair Use and Use for Educational Purposes:
Vetrazzo does allow "fair use" of limited portions of the Vetrazzo Content for quotations, references, research, etc., as allowed by applicable law.
Any use described in the foregoing paragraph must be complete, accurate, and not misleading, and must not delete or modify any copyright or trademark notices. Any publication or display of Content must clearly disclose that the Content is the copyrighted property of Vetrazzo and that additional information can be found at www.vetrazzo.com.
An example of an appropriate disclosure notice is:
"This information is provided by Vetrazzo, LLC, and is used with permission. Copyright © Vetrazzo, LLC. All rights reserved. Further use, reproduction, or distribution is governed by the Vetrazzo Copyright Usage Requirements, which can be found at www.vetrazzo.com."
Journalists
For more information on Vetrazzo, including media contact information, please refer to the "Press" section of www.vetrazzo.com.
Commercial Use:
In general, use of Content for commercial purposes is prohibited. For example, without Vetrazzo's express written permission, you may not:
" Use any Content for commercial purposes to sell, market, or promote any product or service that competes, directly or indirectly, with any product or service offered by Vetrazzo through the Vetrazzo Web Site or otherwise;
" Use or refer to any Content in any way that expresses or implies any sponsorship or endorsement by Vetrazzo or is otherwise likely to mislead consumers into thinking that any third-party Web sites, materials, products, or services are provided, created, sponsored, or endorsed by or affiliated with Vetrazzo.
Authorized Dealers
Authorized Dealers of Vetrazzo (including retailers, fabricators, and stocking distributors) may obtain consent to use portions of our Content. Please see Reprint or Reuse Permission below for instructions.
Limitations and Termination
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, create derivative works from, update, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Vetrazzo. Any rights not expressly granted herein are reserved. No license is granted to any HTML or other code incorporated into the Vetrazzo Web Site.
Any license granted hereunder does not allow you to misstate or mischaracterize the Content or any position taken by Vetrazzo, including reproducing portions of the Content out of context in a way that is likely to be misleading to any person.
Any license granted under these Usage Requirements will terminate automatically if you breach any of these Usage Requirements.
Reprint or Reuse Permission
If you would like to use materials published on the Vetrazzo Web Site in ways not authorized by this limited license, you must first obtain written permission from Vetrazzo. Contact us at info@vetrazzo.com or write to us at:
Webmaster
www.vetrazzo.com
Vetrazzo
Ford Point, Suite 14001414 Harbour Way South
Richmond, CA 94804
Please describe the specific content and your proposed use in reasonable detail.
Version and Right to Make Changes
These Copyright Usage Requirements were posted on April 17, 2007. Vetrazzo reserves the right to change these Usage Requirements at any time by posting a revised version on the Vetrazzo Web Site.