Terms and Conditions
USER TERMS And CONDITIONS:
City of Pikeville Operating as the Eastern Kentucky Local Marketplace (“City” or “eastkylocal.com” or “EastKentuckyLocal”)
Welcome to the Eastern Kentucky Local Marketplace. We’re glad you’ve decided to visit our website and shop in our online store. Please keep in mind that the following terms will govern your use of our website and the products and services offered through the website. Please review them carefully.
The Eastern Kentucky Local Marketplace (and/or any successor websites or URLS established by us) are provided to you by the City of Pikeville. These User Terms and Conditions (the “Agreement” or “Terms of Service” or “Terms”) create a binding legal contract between you and us. By using our websites, applications, mobile applications, and/or any services made available through such websites, applications, and/or mobile applications including purchasing goods or services (collectively, the “Service”), you agree to be bound by these Terms of Service as well as any additional terms or conditions presented to you during the course of your use of our Service. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
We may change the terms of this Agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Agreement on our Service and will update the date above to reflect the date the changes take effect. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. By continuing to use our Service after we post any such changes, you accept this Agreement, as modified.
We reserve the right to deny access to all or any portion of our Service to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy our Service, or who infringes the rights of others.
We invite you to submit your questions or comments about this Service, or to bring to our attention any material you believe to be inaccurate. To do so, please contact us at marketplace@pikevilleky.gov.
SECTION 1 – PRIVACY:
We respect the privacy of the users of our Service. Please take a moment to review our Privacy Policy, which is also available on our website.
SECTION 2 – DESCRIPTION AND USE OF OUR SERVICE:
We provide Visitors and Registered Users with access to the Service as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Service. No login is required for Visitors. Visitors can: (a) view all content and access all publicly available features and functionality on the Service; (b) purchase products listed on the Service; (c) subscribe to our communications, alerts and other notifications; and (d) contact us.
Registered Users. Registered Users can do all the things that Visitors can do, as well as: (a) access ANY non-public features and functionality available only to Registered Users or added at a later date. This may include (a) creating, accessing, managing, and updating their own personal accounts through the Service; (b) posting comments, reviews, and other content through the Service and/or interact with other Registered Users of the Service (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”); and (c) signing up for other various programs, benefits, or notifications.
We are under no obligation to accept any individual as a Registered User and may accept or reject any registration in our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if we determine that a Registered User has violated this Agreement.
SECTION 3 – REGISTRATION:
To obtain access to certain areas of our Service, you may be required to register with us. If you are a Registered User, you may be prompted to create an account, which includes a sign-in name, a password, and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Service under the name of, another person. Further, you agree that you, and not EastKentuckyLocal, are entirely responsible for all Registered User content that you upload, post, email, or otherwise transmit via the Service, and you will indemnify us with respect to any loss, liability, claim, or damage suffered or incurred by us in connection with any such registered user content.
We reserve the right to reject or terminate any user name for any reason, including, in our judgment, if we deem it offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. We will not be liable for any loss or damage caused by any unauthorized use of your account.
SECTION 4 – RIGHTS AND LIMITATIONS ON USE OF CONTENT ON OUR SERVICE:
Our Limited License to You. Although we make this website freely accessible and grant you the limited right and license, during the effective period of this Agreement, to use the Service for your personal purposes only, we do not intend to give up our rights, or anyone else’s rights, to the materials appearing on the Service. The materials available through this Service are the property of us and our affiliates, licensors, third party vendors, and/or advertisers, and are protected by copyright, trademark and/or other intellectual property laws. Nothing in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the materials, without our prior written permission specific for each such use. Use of the materials as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the trademarks inures to our benefit.
If you would like to request permission to reproduce or distribute materials found on this Service for commercial purposes, please contact us at marketplace@pikevilleky.gov.
Your License to Us. Our Service includes features that may allow you to submit comments and other feedback or materials to us. By submitting any material to us or on any of our websites, including any text, comments, reviews, photos, video, or other content (collectively, “Materials”), you are representing that you are the owner of the Materials, or are making your submission with the express consent of the owner. By submitting any Materials to us or any of our websites by any means, including on any public posting areas of our Service, you grant us, and anyone authorized by us (including our Service Providers and our Affiliates, parents, and subsidiaries) a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such Materials as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose.
The foregoing grant includes the right to exploit any proprietary rights in Materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may distribute, share or otherwise provide such Materials under any terms we see fit to any third party authorized by us without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your Materials by name, email address or screen name, as we or they see appropriate.
We also reserve the right (but assume no obligation) to delete, move, or edit any Materials that come to our attention that we or they consider unacceptable or inappropriate, whether for legal or other reasons. You understand and agree that the technical processing and transmission of the Service may involve transmissions over various networks, and may involve changes to any Materials in order to conform and adapt them to technical requirements of connecting networks or devices.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Materials Submitted by Other Users. If and when content on this Service is posted by other users, readers, outside contributors, and third-party vendors, we cannot and do not review all comments posted on our Service. We do not endorse or guarantee the accuracy of any posting or Materials, regardless of the source.
Links. We welcome links to our service. You are free to establish a hypertext link to our Service so long as the link does not state or imply any sponsorship of your site by us.
No Framing. You may not frame, or in-line link, any of the content of our Service, or incorporate into another website or other service (including any applications or mobile applications) any of our intellectual property.
Trademarks. You may not use any trademark or service mark appearing on our Service without the prior written consent of the owner of the mark.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us by sending a notice by U.S. Mail to City of Pikeville, 243 Main Street, Pikeville, KY 41501. Your notice must provide sufficient information to, at a minimum, demonstrate that you are authorized to act on behalf of the owner of the copyrighted work allegedly infringed, a description of the copyrighted work, and contact information.
Third Party Websites. The Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such websites. The content of such websites is developed and provided by others. A vendor may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. You should contact the site administrator or Webmaster for such websites if you have any concerns regarding such links or any content located on such websites. We are not responsible for the content of any linked external websites and do not make any representations regarding the content or accuracy of materials on such websites. If you decide to access linked external websites, you do so at your own risk.
SECTION 5 – E-COMMERCE:
We offer for purchase through this Service products and/or services that are provided by third-party vendors. Products may include branded products. All products are manufactured by third party suppliers, and not by us; therefore, we have no control over the quality, safety, timeliness, reliability, legality or efficacy of any product or service provided by a third party, and we make no warranties regarding any such products or services. If you make a purchase from a vendor on our Service, or on a third-party website, application, or mobile application that you have accessed through a link on our Service, the information that you provide that vendor on its site, application, or mobile application, or otherwise as part of the transaction, such as your name, address, email, and credit card number, may be collected by the vendor, our payment processing vendor, and/or us.
When you purchase products or services on or through this Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. Any such terms that apply to your purchase of products or services from us will be presented to you as part of your transaction. For more information regarding a vendor, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that vendor’s website, application, or mobile application and click on its information links or contact the vendor directly. You release us and our Affiliates from any damages that you incur, and agree not to assert any claims against us or any of our Affiliates, arising from your purchase or use of any products or services made available by third parties through this Service.
If you purchase any products, the following terms and conditions apply:
As consideration for any purchase you make through the Service, you shall pay us all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Once payment has been processed and accepted, your product will be shipped in accordance with the shipping terms provided at checkout. All purchases are subject to our Returns Policy and shipping of all products will be in accordance with our Shipping Policy, both of which are described in detail below.
SECTION 6 – PRODUCTS OR SERVICES (if applicable):
All products sold on the Service are from third party vendors. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 – RETURNS POLICY:
We reserve the right to decide, in our sole discretion, what products you may return and all policies governing the timing, cost and other details regarding returns. In the event that we accept a product return, we will work with our vendor to quickly determine whether to refund or replace your returned item.
SECTION 8 – SHIPPING POLICY:
Shipping is currently only available within the continental US. The majority of our products are shipped via USPS, UPS, FedEx, and DHL. Please note: We are currently unable to send packages to P.O. Boxes.
If something has special attributes, including, for instance, if the product is heavy, bulky, uniquely packaged, or is perishable, these items may only be able to be shipped via certain carriers and under certain designations. Additional charges for packing and shipping may apply and is on a case-by-case basis.
SECTION 9 – PROHIBITED USES:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10 – DISCLAIMERS:
Use at Your Own Risk. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
We provide the materials and services available through this Service only for informational purposes and to facilitate the sale of our vendors’ products and services. You may only use the material and the services available through this Service for your personal and non-commercial use. Despite our efforts, however, content, products, or services through this Service may, from time to time, contain errors. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You acknowledge that are solely responsible for any damage or loss you may incur that results from your use of this Service.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, or goods and services provided by our vendors’ and or advertisers, third party vendors, or others to whose sites, applications, or mobile applications we link. A link to another website, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).
No Warranties. This Service and all materials, products, information and services available through it, are provided to you “as is,” “with all faults,” and “as available.” We, our Affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the Service, materials, products presented and/or purchased, information and services available through this Service, nor do we guarantee that the Service, materials, information, products and product descriptions, or services will be error-free, or continuously available, or free of viruses or other harmful components. Further, we expressly disclaim any warranties implied by a course of performance, course of dealing or usage of trade.
SECTION 11 – LIMITATIONS OF LIABILITY:
Under no circumstances shall we, or our Affiliates, Service Providers, third party vendors, or our licensors be liable to you or anyone else for any damages arising out of use of this Service or any portion thereof, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our affiliates, agents and licensors are limited to the fullest extent permitted by such state law.) Further, we, or our Affiliates, Service Providers, or licensors shall not be subject to liability for any defects, malfunctions, or failures of the products listed through the Service. You agree that our liability and the liability of our Affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to the Service shall not exceed the amount you paid for the use of the Service. Liability for damages will be limited and excluded in accordance with the preceding sentence even if any remedy provided for in this Agreement fails of its essential purpose.
The Service may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on or through the Service. The Service may contain information on certain products, not all of which are available in every location. A reference to a product on the websites does not imply that such product is or will be available in your location. We reserve the right to make changes, corrections/ and/or improvements to the Service at any time without notice.
SECTION 12 – DISPUTE RESOLUTION
Should third party resolution be required through litigation, mediation, arbitration, or an alternative dispute resolution method, the non-prevailing party shall reimburse the prevailing party for the prevailing party’s documented legal costs in addition to whatever judgment or settlement sums may be due. Such costs shall include reasonable attorney’s fees, court costs, consultant and expert witness fees, and other documented expenses as well as the value of time spent by the prevailing party and its employees to research the issues, discuss the matter with attorneys, etc.
Class Action Waiver. All claims or disputes adjudicated individually, and that there will be no class, representative, or consolidated actions in arbitration. If either party brings a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither party may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this agreement. Notwithstanding the foregoing, this arbitration agreement shall not prohibit either party from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on either party’s behalf, excluding litigation brought by any relator or party in its capacity as a private attorney general.
SECTION 13 – USE OF COMMUNICATIONS SERVICES:
We may provide a variety of options through this Service through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user and third party-submitted advertising, and other public posting areas (“Communications Services”).
We reserve the right to deny access to any Communications Service to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service or our Service if you engage in any of the following prohibited activities:
– Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that is unlawful, harmful, threatening, abusive, libelous, or obscene;
– Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
– Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
– Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
– Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
– Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
– Uploading, posting, emailing, transmitting or otherwise making available any content or Materials that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
– Uploading or posting any off-topic or irrelevant material to any chat room or forum;
– Interfering with or disrupting any servers or networks used to provide the Communications Services or our Service, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services or our Service;
– Violating any applicable local, state, national or international law, including, but not limited to: (a) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside; (b) regulations promulgated by the U.S. Securities and Exchange Commission; and (c) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
– “Stalking” or otherwise harassing another;
– Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
– Collecting or storing personal data about other users or third party vendors through our Service;
– Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Service for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
– Blocking, obscuring, covering, or in any way interfering with any advertisements and/or safety features of the Service;
– Communicating or leaving a review that contains private information or is used for the extortion purposes against a third party vendor, as determined in our reasonable judgment;
– “Shilling,” which is the fraudulent inflation of a third party vendor’s reputation by use of an alternate account;
– Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means; or
– Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service or Communications Service made available through the Service.
Viruses. Because of the volume of messages sent by us and through the Service, we cannot and do not always monitor such messages and attachments. You acknowledge and agree that such messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the messages and attachments for viruses, worms and other harmful components.
SECTION 14 – INDEMNIFICATION:
You agree to indemnify and hold us and our Affiliates, Service Providers, third party vendors, and our licensors, and all of their respective officers, directors, employees, and agents, harmless from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Service, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
SECTION 15 – TERMINATION OF THE AGREEMENT:
You may terminate your account with us and/or unsubscribe to the Service or certain elements thereof (e.g., newsletters), at any time, as further described in our Privacy Policy. Terminating your account will not affect the availability of some of your content or Materials that you posted through the Services prior to termination. You are still obligated to pay any outstanding balances that may exist at the time you terminate this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Service.
Those Sections of this Agreement that are intended by their nature to be performed after termination or expiration (including without limitation, Disclaimers, Limitation of Liability, Dispute Resolution and Indemnification) shall survive such termination or expiration.
SECTION 16 – GOVERNING LAW; JURISDICTION; COMPLIANCE WITH LAWS:
You agree that, unless contrary to any applicable law, any cause of action arising out of or related to the Service, the materials provided via the Service, the products listed on the Service, or this Agreement must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
The Service is based in the United States. We make no claims concerning whether any material provided via the Service may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Service, any materials on it, or the products from outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction regardless of whether inside or outside of the United States.
SECTION 17 – SEVERABILITY:
In the event that any provision of the Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – ENTIRE AGREEMENT:
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.