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Phosphorescence Copyright 2019 by Samuel Horwitz
---
Phosphorescence's "vivid sunrise" background image and branding is a derivative
work of a photograph by Karl Magnuson which can be found here:
https://unsplash.com/photos/HQR_JXd-fPs
All photos on Unsplash are released under their free usage license, reproduced
below:
All photos published on Unsplash can be used for free. You can use them for
commercial and noncommercial purposes. You do not need to ask permission
from or provide credit to the photographer or Unsplash, although it is
appreciated when possible.
More precisely, Unsplash grants you an irrevocable, nonexclusive, worldwide
copyright license to download, copy, modify, distribute, perform, and use
photos from Unsplash for free, including for commercial purposes, without
permission from or attributing the photographer or Unsplash. This license
does not include the right to compile photos from Unsplash to replicate a
similar or competing service.
Many thanks to Karl Magnuson for this freely available photograph.
---
Many of the icons in this project come from the Noun Project and were paid for
in lieu of attribution. However, I will list the creators below. Thank you for
your work.
- nico bayu saputro
- Samsul Riza
- José Campos
- Icons8
- Stephen Plaster
- TAQRIB ICON
- Neha Tyagi
- OLIVIA HABERMEL
- Adrien Coquet
- Katerine Melina Quispe Peralta
---
Trademark Policy
1. What does this policy apply to?
1.1 The "Phosphorescence marks"
This policy applies to all trademarks of the Phosphorescence creator.
The trademarks are unregistered trademarks, including non-stylized
wordmarks and the trade dress of the Phosphorescence website.
Non-exhaustively, this list includes the double-bordered Phosphorescence
logo, the tri-colored "P" logo, the "vivid sunrise" edited photograph,
and it's derivative non-photographic "sunrise gradient". In this policy,
we refer to them as the "Phosphorescence marks" or just "marks."
1.2 "Use" of the Phosphorescence marks
This Policy applies whenever you want to use the Phosphorescence marks.
Section 2 of this policy applies to all uses of the marks. Other
sections apply only to uses that do not require separate permission, or
uses that require a trademark license. If some term in your trademark
license is inconsistent with this policy, you should follow the license
terms.
1.3 "We" or the "Phosphorescence creator"
This Policy regulates the use of marks held by the Phosphorescence
creator, Samuel Horwitz. Sometimes, this policy simply refers to the
Phosphorescence creator or Samuel Horwitz as "we."
1.4 "You"
This Policy applies to "you" if you want to use the Phosphorescence
marks and explains how you may use them. You may be any individual or
organization. It is important that the Phosphorescence marks are not
misleadingly used to market others' products because that will confuse
Phosphorescence users.
2. How to use the Phosphorescence marks
Please follow generally accepted best design practices when using any of our
marks whether with or without a trademark license. That is to say, do not
modify or crowd logos and use all wordmarks in their full form and properly
capitalized. When reasonable, please include this notice when you use a
Phosphorescence mark:
"[Phosphorescence Wordmark / name of logo as listed here] is a trademark
of Samuel Horwitz and is used with the permission of Samuel Horwitz. We
are not endorsed by or affiliated with either Samuel Horwitz or
Phosphorescence."
The notice should appear near the first use of a Phosphorescence mark. One
notice is enough if you display multiple marks, provided the notice refers
to all of them.
If the mark will primarily appear on a mobile screen or another medium with
limited visual space, you may instead use a trademark symbol (™) with the
mark to show that it is a Phosphorescence trademark. When you use a symbol
due to limited space and there are additional pages to your material, please
include the notice in the text of a prominent page (e.g., most mobile apps
have an "about us" section and may display terms during installation).
Regardless of whether you use a notice or a trademark symbol to identify
your use of Phosphorescence marks, please make sure that your use does not
suggest endorsement by or affiliation with the Phosphorescence creator.
3. When you may use the Phosphorescence marks without asking us
3.1 Discussing something other than Phosphorescence (fair use)
Wordmarks can sometimes have a primary meaning, in addition to
representing a brand (like the words "apple" or "facebook"). Some of our
wordmarks fall under this (e.g., "phosphorescence"). We will interpret
fair use broadly to include the use of our wordmarks when you clearly
mean to talk about something other than Phosphorescence.
3.2 Refer to Phosphorescence (nominative use)
You can use the non-stylized wordmarks (e.g., "Phosphorescence") to
describe:
- Phosphorescence in a text (e.g., "I love listening to trance music on
Phosphorescence").
You may use all Phosphorescence marks on your own website as a hyperlink
to the Phosphorescence site. The use of logos in hyperlinks should
follow the generally accepted best practices of respecting visual
identity (e.g., the marks may be resized, but not modified in any other
way).
Here are some other specific cases of nominative use:
3.2.1 News reporting
You may use the Phosphorescence marks to make truthful statements
about Phosphorescence in news reports and commentary.
3.2.2 Personal blogs and social media
You may use the Phosphorescence marks to make or illustrate truthful
statements about Phosphorescence in personal blogs and social media.
But please do not do it to imply endorsement by or affiliation with
the Phosphorescence creator. To avoid confusion, do not use the
Phosphorescence logos in the background, as your profile image, or
in the header of your blog, in the name of your blog, or in your
social media username.
3.2.3 Artistic, scientific, literary, political, and other non-
commercial uses
You can use the Phosphorescence marks to discuss Phosphorescence in
artistic, scientific, literary, and political work.
But please send us a request if you want to place a Phosphorescence
mark on the cover of your book, display a Phosphorescence mark in a
movie, or organize an event or presentation that could be
interpreted to be endorsed by the Phosphorescence creator. For more
information, please see Section 4.
You may use the marks in satire or jokes. To avoid confusing users
that your work is affiliated with Phosphorescence, it may be helpful
to mark your work as "satire" or "parody."
4. Special uses that require permission
All uses that are not allowed under Section 3 or prohibited by Section 5 of
this policy require a trademark license. This section discusses only the
most common uses that require a license.
When you use our marks under a trademark license, you need to comply with
its terms as well as with this trademark policy. If some term in your
license is inconsistent with this policy, you should follow that license
term.
4.1 Events and conferences
You need a trademark license if you plan to host a public event or a
conference that uses a Phosphorescence mark.
When you obtain a trademark license, it will apply only to the specific
event in your request. You will need to apply for a new license if you
want to host another event.
4.2 Publications
You need a trademark license if you want to use a Phosphorescence mark
in a publication, unless your use qualifies as fair or nominative use
under U.S. trademark law or other applicable foreign laws.
When you obtain a trademark license, it will only apply to the specific
publication in your request. You will need to apply for a new license if
you want to make another publication.
4.3 Movies & TV shows
You need a trademark license to use the Phosphorescence logo in a movie,
TV show episode, or online production.
When you obtain a trademark license, it will only apply to the specific
film, TV show episode, or online production in your request. You will
need to apply for a new license if you want to shoot another film or TV
show episode.
5. Prohibited uses
5.1 Misleading mirrors and mimicking sites
Please do not create a website that mimics the "look and feel" of the
Phosphorescence site.
5.2 Linking to non-Phosphorescence sites
You may use Phosphorescence marks to link to Phosphorescence only.
5.3 Misrepresentation
When you use a Phosphorescence mark under this policy, please use it to
represent only the project for which it stands. Please do not create the
impression that your use is in any way endorsed, sponsored by, or is
part of the Phosphorescence creator. This section also applies when you
are granted a license to use a mark that doesn't permit you to suggest
such an endorsement.
6. Trademark Misuse
6.1 Reporting misuse
Fighting trademark misuse is very important. If you see a mark being
used in any way that could be infringing, please tell us! Just send an
email to trademarks@phosphor.me. We really appreciate your help!
6.2 Revoking permission for misuses
We may revoke the right to use the Phosphorescence marks under this
policy at any time by providing notice in any manner if we determine
that a trademark use is inconsistent with our mission or could harm
community members, or the Phosphorescence creator.
7. Revision and Translation of the trademark policy
7.1 This trademark policy can be revised as follows:
This trademark policy may be revised without notice.
7.2 Translation of the trademark policy
If there are any differences in meaning between the original English
version of this trademark policy and a translation, you should follow
the original English version.
7.3 Questions
Please do not hesitate to contact us at trademarks@phosphor.me if you
are not sure whether your use is in compliance with this policy or local
trademark laws.