Last Updated: April 18, 2017
This policy grants you limited permission to use the Elthos marks in connection with your use of the Services. It is incorporated by reference into the Elthos Terms of Service.
This Elthos Trademark Policy (the "Trademark Policy") form an integral part of the Elthos Terms of Service (the "Terms of Service") between Elthos RPG ("Elthos," " we,"" "us," or "our") and you or the entity you represent ("you").
We consider The Elthos Marks assets of significant value to us and this Trademark Policy is intended to preserve that value. This Trademark Policy provides you a limited permission to use the Elthos Marks (as defined below), in connection with your use of the Service (as defined in the Terms of Service), on the terms set forth herein and in the Terms of Service, until such time as we may terminate such permission, which we may do at any time, in our sole discretion.
Which Marks are considered Elthos Marks?
For the purposes of this Trademark Policy, "Elthos Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of Elthos and its affiliates:
• The logo in the form shown below (the "Logo"); and
• "Elthos"," “Mythos Machine”, “Elthos Rules Book”, and any other Elthos Marks and Services made available from time to time.
• The logo in the form shown below (the "Logo"); and
• "Elthos," and any other Elthos Marks and Service made available from time to time.
(Logo Image Pending)
LIMITED LICENSE TO USE THE ELTHOS MARKS
Provided that you that you comply at all times with the terms of both the Terms of Service and this Trademark Policy, we grant you a limited, non-exclusive, non-transferable license to use the Elthos Marks as described in this Trademark Policy only, no other rights of any kind are granted hereunder, by implication or otherwise:
You may utilize the Marks and our Logo in their appropriate form(s) and with the appropriate URL’s and formatting requirements as set forth below, to:
• create worlds, elements, storylines, weapons, characters, settings or any other derivative works based on content contained on the Elthos Mythos Machine or Elthos.com
• create Social Media posts about Elthos.com or Mythos Machine
Without limitation of any provision in the Terms of Service, you acknowledge that any use that you elect to make of the Elthos Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith.
Your permission to use the Elthos Marks is a limited permission and you may not use the Elthos Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Elthos Marks to any other person or entity.
Your use of the Elthos Marks shall comply with:
• The most up-to-date versions of the Terms of Service and this Trademark Policy; and
• Any other terms, conditions or policies that we may issue from time to time to govern use of the Elthos Marks.
Your permission to use the Elthos Marks hereunder shall automatically terminate and you must immediately stop using the Elthos Marks if at any time:
• The Terms of Service is terminated;
• Your content no longer uses any of the Services; or
• Your account is closed, either by you or by us.
Modification and Termination
• You understand and agree that, without prior notice to you and at our sole discretion: We may modify or terminate this Trademark Policy at any time;
• We may modify or terminate your limited license to use the Elthos Marks, at any time in our sole discretion, for any reason or for no reason at all; and
• We reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Elthos Marks that does not comply with the terms of the Terms of Service or this Trademark Policy.
No Affiliation or Endorsement
You will not display the Elthos Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that your content, application, web site, product or service, has been authored or edited by us, or represents our views or opinions.
You may only use the Elthos Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Elthos Marks and you will not use the Elthos Marks to disparage us or our products or services.
No Dominant Display; Elthos Mark Differentiation
You may not display any Elthos Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with your content, application, software tool or other software application. When using any Elthos Mark (other than the Logo, with respect to which the formatting requirements set forth below, or in a URL), you must distinguish the Elthos Mark from the name of your content and/or other surrounding text by capitalizing the first letter of the Elthos Mark, capitalizing or italicizing the entire Elthos Mark, placing the Elthos Mark in quotes, or using a different style or color of font for the Elthos Mark.
Formatting Requirements with Respect to the Logo
No Modification. We will make the Logo images available to you on the Elthos site. You may not remove, distort or modify any element of the Logo; provided however, you may transform the file format itself, for ease of use.
Colors. The Logo image must be represented in its original color scheme.
Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the Logo) between each side of the Logo and other graphic or textual elements.
Size. The Logo, as shown in Section 2 of This Trademark Policy, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the Logo shall be: 60px by 60px.
Alt/Title Attribute. The Alternative Text (alt/title attribute of the image tag) should either be set to the following text or be left blank: "Based on Elthos RPG".
Permissible Uses of the Elthos Marks
Except for the Logo (with respect to which the formatting requirements are set forth above), you may only use the Elthos Marks: (i) in a relational phrase using "for" or one of the limited number of equivalent naming conventions , as set forth below; or (ii) to the right of the top level domain name in a URL in the format set forth below.
Permissible Use: Based on Elthos RPG
Example of Permissible Use: www.fantasyworldtoo.com/Elthos
Equivalents: You may replace "Elthos" in the example above with any of the Elthos Marks, so long as your usage of the Elthos Marks is accurate.
You shall link each use of the Elthos Marks directly to the following URL, wherever technically feasible: www.elthos.com, You may open the URL in a new browser window. You may not link the Elthos Marks to any web site other than the primary URL for our Service. You may not frame or mirror any of our web site pages.
You may not hyphenate, combine or abbreviate the Elthos Marks. You shall not incorporate the Elthos Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the Elthos Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.). For example, URLs such as Elthos.mydomain.com", "Elthosplus.com" are expressly prohibited.
You must include the following statement in any materials that include the Elthos Marks: "Elthos, the Elthos logo, [and name any other Elthos Marks used in such materials] are trademarks of Elthos RPG or its affiliates in the United States and/or other countries." In addition, the Elthos Marks must be designated with the ™/"tm" notice as indicated in Section 2 of This Trademark Policy.
No Misleading Use
You may not display the Elthos Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
You may not imitate the trade dress or "look and feel" of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.
Compliance with Law; Appropriate Activities
You may not use the Elthos Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Terms of Service, you may not display any Elthos Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
Reservation of Rights
Except for the limited permission specified in Section 3 above, nothing in the Terms of Service or This Trademark Policy shall grant or be deemed to grant you any right, license, title or interest in or to any Elthos Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Elthos Marks. All use by you of the Elthos Marks including any goodwill associated therewith, shall inure to the benefit of Elthos.
You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Elthos Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Elthos Marks.
If you have questions regarding your obligations under This Trademark Policy or questions about any Elthos Mark, please email us at ElthosRPG@Elthos.com.