These Trademark and Copyright Guidelines (Guidelines) are provided by Diono, L.L.C. dba Diono, a Washington limited liability company (Diono U.S.A.), and its foreign-related companies, Diono ULC, a Canadian unlimited liability company (Diono Canada), Diono Ltd. a United Kingdom limited company (Diono U.K.), and Diono GmbH, a German company with limited liability (Diono E.U.) (Diono U.S.A., Diono Canada, Diono U.K., and Diono E.U. shall be collectively referred to herein as Diono), for use in relation to Diono’s website www.diono.com and all of its subpages (collectively, the Website), the children’s product sales platform accessed via the Website (the Platform), including any content, functionality, and services offered on or through the Website or Platform (collectively, the Services) (the Website, Platform, and Services being collectively referred to in these Guidelines as the Technology), as well as for Diono licensees, authorized retailers, developers, customers, and other parties wishing to use Diono’s trademarks, service marks, images, and/or copyright-protected works in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Unless expressly authorized in these Guidelines, use of Diono’s trademarks and/or copyright-protected material without Diono’s express written authorization is prohibited.
If you are a licensee of a trademark or a copyright-protected work owned or validly licensed by Diono, and have been provided with specific usage guidelines with your license agreement, please follow such guidelines. If your license from Diono does not provide usage guidelines, Diono requires that you follow these Guidelines. If you are an Diono authorized reseller or distributor, you may be subject to additional restrictions as established by Diono.
2.1 Diono Marks. The Diono name, and all related names, logos, product and service names, designs, and slogans (collectively, the Marks) are trademarks of Diono. You must not use any of such Marks without the prior written permission of Diono. All other names, logos, product and service names, designs, and slogans on the Technology are the trademarks or service marks of their respective owners.
2.2 Non-Interference. By using any Mark, in whole or in part, you are acknowledging that: (a) Diono is the sole owner of the Mark in question; (b) you will not interfere with Diono’s rights to the Mark, including without limitation challenging Diono’s use, registration of, or application to register such Mark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Mark. The goodwill derived from using any Mark, in whole or part, exclusively inures to the benefit of and belongs to Diono.
2.3 Unauthorized Usage. You may not use a Mark, in whole or part, in any of the following manners without Diono’s express written authorization: (a) as a part of a company name, trade name, product name, or service name except as specifically identified in these Guidelines; (b) in any variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of the Mark; (c) in any disparaging or immoral manner; and (d) to imply Diono’s affiliation with or endorsement, sponsorship, or support of a third party product or service; (e) to imitate the distinctive packaging, web site design, logos, or typefaces constituting a Mark; (f) as a first and/or second level domain name; or (g) in any fashion that would harm the quality or reputation of any of Diono’s goods or services.
2.4 Notice Requirements. Whenever using the Marks that constitute a trademark or service mark, you and your agents will use the appropriate ™, ℠ or ® to indicate that a particular mark is a claimed trademark, service mark, or registered trademark of Diono respectively.
2.5 Usage with Other Marks. Any other trademark, service mark, trade name, or domain name used by you or any of your agents shall be used sufficiently separate from the Marks to avoid consumer confusion that such other trademark, service mark, trade name, or domain name, and their respective owners, are associated with Diono, or its goods and services.
2.6 Attributions. If you use any of the Marks in your work product, you must include the following attribution sentence in the manner set forth below:
Rights to the [identified mark(s)] and other associated trademarks, service marks and logos are the exclusive property of Diono, L.L.C.
3.1 Ownership of Works. All works located on the Technology that constitute protectable works under 15 U.S.C. § 101 et seq. (collectively, the Works) are owned or validly licensed by Diono. You may not use, copy, publicly display, reproduce, or otherwise modify any Work without Diono’s express authorization.
3.2 Copyright Complaints. Diono respects the intellectual property rights of others, and requires that anyone who uses the Technology do the same. If you believe that a protectable work of yours appears on the Technology without your authorization, and has been copied in a way that constitutes copyright infringement or infringement of another right, please submit a notice with the following information to Diono’s Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) via mail or e-mail as provided below:
- Your address, telephone number, and email address;
- A description of the work(s) that you claim have been infringed;
- A description of where the alleged infringing material(s) are located;
- A statement by you that you have a good faith belief that the disputed use of such work(s) is not authorized by the owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the owner or are authorized to act on the owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).
Address: 14810 Puyallup Street East, Suite 200, Sumner, WA 98390
Should work(s) you had uploaded to the Technology be removed or disabled by Diono based upon a notice submitted by a third party pursuant to this subsection of the Guidelines, and you believe that such a compliant is incorrect or submitted in error, you may submit a counter notice to Diono’s copyright agent via the e-mail or mailing address detailed above including the following information:
- Your address, telephone number, and email address;
- A description of the work(s) that have been removed or to which access has been disabled and the location at which the work(s) appeared before it was removed or access to it was disabled;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the work(s) were removed or disabled as a result of mistake or misidentification of material to be removed or disabled;
- A statement that you consent to (a) the jurisdiction of Federal District Court for the judicial district in which you are located (if you reside in the United States), (b) the jurisdiction of any Federal District Court in which Diono may be located (if you reside outside of the United States), and (c) that you or your agent will accept service of process from the person or agent who provided the original notice to Diono; and
- Your or your agent’s electronic or physical signature.
Questions about these Guidelines or any other trademark or copyright-related matters should be sent to Diono via e-mail firstname.lastname@example.org via phone 1-855-463-4666, or via mail to Diono, Attn: Trademark and copyright Questions, at Diono LLC, 14810 Puyallup Street East, Suite 200, Sumner, WA 98390.