Intellectual Property Policy, Ownership, and Rights

Activate, Inc. (hereinafter, “Activate”, “we”, “our”, or “us”) provides the following intellectual property policy to ensure you are aware of and understand it and how it may apply to you as a person or company (“you“) accessing and using this Website.

Overview – Trademarks, Copyrights, and Content Ownership and Rights

By your access to and/or use of this website, or any of our other websites or mobile applications for such websites, (“Website” or “Site”) and any of our products or services, you acknowledge and expressly agree with and are subject to all policies, rules, requirements, terms of use, conditions, limitations, and disclaimers (“Policy” or “Terms“). Therefore, you should carefully read through all of the Policy and Terms.

All intellectual property, including (without limitation) all trademarks (“Marks,” as further defined below), copyrights, technology, software, know-how, and any other types or forms of intellectual property, involved in, associated with, and/or related in any way to the design, creation, access to, and operation of this Website or our business, products, and services (“IP”) is owned exclusively by us, unless otherwise specifically noted such as with certain of the third party providers (our “Independent Affiliates”).

This Website (which is controlled and operated by us, or an authorized third party affiliate and/or provider of ours) and the materials, content, works, etc. found on this Website (“content”) are protected by all applicable intellectual property laws of United States of America (“USA“), including (without limitation) the USA copyright laws as provided under Title 17 of the U.S. Code and the USA trademark laws under Title 15 of the U.S. Code, including all applicable rules, regulations, publications, conventions, database rights, and any other laws under USA and international law, treaties, and agreements. The selection, arrangement, presentation, collection, and compilation of all content (including the overall design of the Website) are protected hereunder. You expressly agree to abide by all copyright notices, information, or restrictions contained in, or relating to any content on, this Website.

ACTIVATE, ACTIVATE EXPERIENTIAL, and all other associated names, designs, signatures, logos, and slogans/taglines are trademarks and service marks, as applicable, owned by Activate, Inc. (“Marks”).

Nothing contained on this Website should be construed as granting any license or right to use any IP of ours without our prior express written permission. We generally do not permit the use of our IP other than as specifically described in this Policy or with our prior express written authorization.

Limited permission is granted only for the personal, non-commercial purpose of viewing, accessing, using, reading, limited printing, and retaining information and the like for your reference. Any other copying, storing, distribution, retransmission, or modification of information or materials on or from this Website in any format, without our prior express written permission and appropriate attribution of and to us is strictly prohibited.

There are certain limited ways that you may use our IP without specific prior express written authorization such as merely in a descriptive manner or reporting type fashion (such as telling people about us and our products and/or services). However, you may not refer to us, or any of our Independent Affiliates, in any way that might lead someone to be confused or to think that you (including any aspect, business, or website of you) is sponsored by, affiliated with, or endorsed by us (any of our Independent Affiliates). If you would like to ask for permission to use our IP in any other manner, such as on any website, advertising, etc., or if you have other questions, you may contact us at info@activateexp.com.

We respect the intellectual property rights of others, and we do not permit, condone, or tolerate the posting of any content on this Website that infringes any person’s or entity’s intellectual property rights. We may terminate (in our sole discretion) a user or anyone accessing this Website who infringes such intellectual property rights. If you become aware of or suspect any such intellectual property infringement on this Website, then please promptly notify us in writing so that we are informed and can review it and take action that is deemed necessary and appropriate under the circumstances.

While we appreciate your interest in our business and Website, you should not submit to us any suggestions, feedback, or idea regarding our business, products or services, or this Website. Despite this policy, users may periodically submit to us such suggestions, feedback, or ideas. We are under no obligation to review or consider them. However, if you choose to submit any ideas, original creative artwork, suggestions, or other works in any form to us (“submissions”), then regardless of what you request, write, or provide to us in connection with your submissions, the following terms shall apply. You agree that: (a) your submission and its contents will automatically become our property without any compensation to you; (b) we may use or redistribute any such submission and its contents for any purpose and in any way; (c) there is no obligation for us to review any submission; and (d) we reserve the right to use or disclose such information in any manner, and (e) there is no obligation or responsibility to keep any submission confidential.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or content accessible on or from this Website infringe your copyright, then you may request removal of those materials or content (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (“DMCA Notice“) must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work that you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.

• Identification of the material that you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, then your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, then you may be held liable for damages (including attorneys’ fees and costs) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users (at our sole discretion) who are repeat infringers.

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