Blubrry Identity & Guidelines

These Terms of Use (“Terms”) govern the use of the proprietary intellectual property assets of Blubrry Media, Inc., including all subsidiary entities, (collectively, “Blubrry” or “Company”). By using, attempting to use, or requesting permission to use any Blubrry Branding Materials (as defined below), you (“User”) agree to be bound by these Terms and the accompanying Blubrry Branding Guidelines. Any use of Blubrry Branding Materials without prior, express written authorization constitutes a breach of these Terms and may result in immediate legal action.

“Blubrry Branding Materials” include, but are not limited to, the following intellectual property owned exclusively by Blubrry:

• The Primary Blubrry Corporate Logo (including all authorized variations and color schemes).
• All Secondary Logos and Product Marks, including but not limited to PowerPress, Vid2Pod, and any future product branding.
• All current Corporate Taglines that are not specifically product titles.
• The Blubrry Corporate Color Palettes, when used in combination or arrangement that is distinctive to the Blubrry brand.

Any distinguishing visual or audio branding elements that appear in Blubrry content, including the Podcast Insider podcast and official company blogs.

The User acknowledges and agrees that Blubrry Media, Inc. is the sole and exclusive owner of all right, title, and interest in and to the Blubrry Branding Materials, all associated goodwill, and all related copyrights, trademarks, and intellectual property rights.

The User receives no ownership rights, title, or interest in any Blubrry Branding Materials under these Terms. Blubrry reserves all rights not expressly granted in writing.

A Limited, Non-Exclusive, Non-Transferable License to use the Blubrry Branding Materials is only granted upon the following condition:

Prior Written Permission is Mandatory: The User must obtain prior, express written permission before any use. This authorization must be granted by one of the following designated authorities within Blubrry:

1. The Chief Executive Officer (CEO).
2. The Creative Director.
3. The Chief Graphic Artist.

Any written document submitted by the User or a third party granting such permission must be reviewed and approved by Blubrry’s Legal Department before the use is deemed authorized. Unauthorized use, even if accidental or based on a purported grant from a non-designated employee, constitutes a violation of these Terms.

The User agrees to the following restrictions, in addition to those specified in the accompanying Branding Guidelines:

• No Modification: The User shall not alter, animate, distort, or modify any Blubrry Branding Materials in any way, including changes to color, proportion, design, or element arrangement.
• No Association with Harmful Content: Blubrry Branding Materials shall not be used in connection with any illegal, defamatory, libelous, obscene, harmful, or unethical content or activity.
• No Endorsement Implied: The User shall not use the Blubrry Branding Materials in a manner that suggests, explicitly or implicitly, that the User’s business, content, products, or services are sponsored, endorsed, or approved by Blubrry, other than what is expressly documented in the written authorization.
• No Combination: The User shall not combine Blubrry Branding Materials with any other company names, logos, trademarks, or generic terms without express written consent.

In the event Blubrry determines that the User has engaged in unauthorized use or is in violation of these Terms or the accompanying Guidelines, Blubrry shall be entitled to the following remedies:

• Immediate Cessation: Blubrry shall first demand the immediate cessation of all unauthorized use and, upon request, the User must confirm in writing that all infringing materials have been removed and destroyed.
• Legal Remedies: If the User fails to immediately comply with the demand for cessation, Blubrry shall be entitled to pursue all available legal and equitable remedies, including, but not limited to, injunctive relief, recovery of actual damages, and liquidated damages for each day of unauthorized use.

Attorney Fees: The User shall be responsible for and must reimburse Blubrry for all reasonable attorney fees and costs incurred by Blubrry in the enforcement of these Terms.

These Terms, and any dispute arising out of or related to the use of Blubrry Branding Materials, shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles.

The User irrevocably consents to the exclusive jurisdiction and venue of the state courts located in the County of Ottawa, Michigan, or the federal courts located in the Western District of Michigan, for the resolution of any action or proceeding arising from or relating to these Terms.