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TERMS AND CONDITIONS OF USE

Welcome to Fontself!

Acceptance of these Terms

These terms and conditions of use (these "Terms") and their appendixes which form an integral part hereof govern the relationship between you and Fontself. For all purposes of these Terms, the words "you", "yourself" and "your" mean any user of the Fontself Services (as defined below) and "Fontself" means Fontself SA, a company incorporated under Swiss law with its registered office at 11, avenue du 24 Janvier, 1020 Renens, Switzerland registered with the Register of Commerce of the Canton of Vaud (Registration No. CH-621-3007244-2).

The appendixes forming an integral part of these Terms are the following:

By accessing or using the Fontself website at http://www.fontself.com (the "Fontself Website"), or the Fontself Services (as defined below), you agree to these Terms.

Fontself may, at its sole discretion, amend in whole or in part these Terms or any of the appendixes at any time without notice to you. Such amendments will be effective when posted. The updated version of these Terms shall be available at http://www.fontself.com/info/tos. Your continued use of the Fontself Services after any changes to these Terms will be deemed to be your acceptance of such changes.

 

License to use the Fontself Services and the Content

Fontself grants you a non-exclusive and non-transferable license to access, use and display the Fontself Services (as defined below) and the Content (as defined below) for your personal, non-commercial use only, provided that you fully comply with these Terms.

Age restrictions

You must be at least 13 years of age to access and use the Fontself Services. If you are less than the age of consent in the jurisdiction in which you are located, your parent or legal guardian must review, and agree to, these Terms on your behalf, you must have your parents' or legal guardian's permission to access and use the Fontself Services.

Fontself may create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

 

Description of Fontself Services

Fontself provides users with access to a rich collection of resources, including without limitation, various communications and design tools, fonts, forums, personalized content and branded programming through its network of websites (including the Fontself Website), properties and/or via its partners, which may be accessed through any medium or device now known or hereafter developed (the "Fontself Services").

 

2. REGISTRATION

In order to access some features of the Fontself Website or other Fontself Services, you will have to create a Fontself account and provide information about yourself (the "Registration Information"). Upon completion of the registration process you will receive an account and password.

In connection therewith, you shall:

  • not provide any false personal information, or create an account for anyone other than yourself without permission;
  • be responsible for maintaining the confidentiality of the account and password and be fully responsible for all activities that occur under your account or password or;
  • not access nor use the Fontself Services if you are under 13 years of age, respectively 18 years of age with respect to certain areas;
  • not transfer your account or let anyone else access your account without first getting Fontself's written permission; and
  • immediately notify Fontself of any unauthorized use of your account and password and any other breach of security.

3. PRIVACY POLICY

You agree that Fontself may collect, process, use and release Registration Information and other personal data about you in accordance with Fontself's current privacy policy available at http://www.fontself.com/info/privacy (the "Privacy Policy").

 

4. YOUR OBLIGATIONS AS A USER

As a condition of your access and use of the Fontself Services, you agree that you will not, and shall not allow or assist any third party to:

  1. upload, post, email or otherwise transmit via our Fontself Website or Fontself Services any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload, post, email or otherwise transmit via the Fontself Services
    • any Content that infringes any patent, trademark, trade secret, copyright or any other intellectual property right or proprietary right of any third party;
    • any Content that infringes the right of any person or entity to control the use of his or her name, image, likeness or other aspects of his/her identity (right of publicity and/or right to privacy);
    • any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters", "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy, limit the functionality or collect data on any computer software or hardware or telecommunications equipment or otherwise make any other unauthorized use of such hardware or equipment;
  5. "stalk" or otherwise harass another person or entity via any of the Fontself Services;
  6. extract, collect, process, combine or store personal data about other users nor use it to contact such users of the Fontself Services for commercial purposes;
  7. use any of the Fontself Services for any commercial purposes, without the prior written authorization of Fontself. Such prohibited uses include, without limitation:
    • the resale of access to any of the Fontself Services on another website for the primary purpose of gaining advertising or subscription revenue; and
    • the redistribution of the Fontself Services for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Fontself, excluding any use that is expressly authorized by Fontself in writing;
  8. alter or modify any part of the Fontself Services;
  9. access User Generated Content (as defined below) or other content made available on the Fontself Services (including the Content, as defined below) through any technology or means other than the "Fontself Player", or other means Fontself may explicitly designate for this purpose;
  10. circumvent, (or attempt to circumvent), disable or otherwise interfere with any security related features of the Fontself Services or features that (i) prevent or restrict use or copying of any User Submissions or Content or (ii) enforce limitations on use of the Fontself Website or the content accessible on the Fontself Services;
  11. collect or harvest any personal data of any user of the Fontself Website or any Fontself Service (including the Fontself account names);
  12. distribute any part of or parts of the Fontself Services, including but not limited to, any User Submissions (as defined below), in any medium without Fontself's prior written authorization; (except for those ways in which it’s allowed);
  13. include any parts of the Content or Fontself Services within a third party site (“frame”) without previous written consent by Fontself; and
  14. copy, store, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, distribute, publish, grant a security interest in or otherwise transfer any right in the Fontself Services, Personal Fonts (as defined below) and any other Fonts made available via the Fontself Services, and any Content or any portion thereof.

You agree to refrain from any illegal or unauthorized use or access to third party property such as e.g. computers, hardware, networks, software and data, and to refrain from any action which damages or could damage or destroy third party property such as e.g. computers, hardware, networks, software or data or which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Fontself Services.

You are responsible for obtaining access to the Fontself Services, and that access may involve third-party fees (such as Internet service provider or mobile charges fees). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. It is your sole obligation to abide by the acceptable use policy and other contractual provisions of such access providers, or any other terms applicable to your network access. In addition, you must provide and are responsible for all equipment necessary to access the Fontself Services.

 

Legal restrictions to use the Fontself Services

The access and use of the Fontself Services and in particular the Content may be restricted to persons and audiences who meet certain requirements such as being of legal age as provided by applicable laws, etc. You are solely responsible that at all times the Fontself Services are only made available to persons in your environment or under your responsibility that are of legal age and/or meet any other legal requirements for such access and use. You shall ensure that such persons abide by and comply with these Terms and by all applicable provisions notably the applicable regulations on the protection of minors. You shall take all measures required by applicable laws and other reasonable measures to prevent minors from viewing or accessing content and data which is inappropriate for them. Fontself has no responsibility or liability for any of your action or omission in this respect.

 

5. CONTENT SUBMITTED TO FONTSELF

 

Responsibility

You acknowledge and agree that you have the sole responsibility for all information, data, text, photographs, graphics, messages, fonts, font designs, drawings and other materials that you upload, post, email or otherwise transmit via the Fontself Services (the "Content").

 Ownership and License on the Content

"User Submitted Content" means any Content you submit and utilize on the Fontself Services for the purpose of generating original fonts (the "Personal Fonts") or to enrich your public profile.

"User Generated Content" means any Content other than User Submitted Content that you generate by utilizing the Fontself Services. This includes, but is not limited to, all fonts, font designs or drawings created or transmitted by manual, mechanical or digital means via the Fontself Services, all forums posts, messages, ratings, etc.

"Shared Content" means any Personal Font for which you grant Fontself permission to make publicly available for use by other users of the Fontself Services.

Unless provided otherwise in these Terms, you own all the Content and any intellectual property rights or other proprietary right related thereto. 

However, for Content that is covered by intellectual property rights, you grant to Fontself a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferrable and sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, display, transmit or otherwise exploit any such Content subject, however, to the following:

1. with respect to the User Submitted Content:

  • the User Submitted Content may only be used for the purpose for which you submitted such User Submitted Content;
  • the license will exist only for as long as you elect to continue to include such Content on, or via the Fontself Services and will terminate at the time you remove or Fontself removes such Content from the Fontself Services;
  • [other]

2.  with respect to the User Generated Content and the Shared Content:

  • Fontself reserves the right to incorporate your User Generated Content and your Shared Content into other works in any format or medium now known or later developed;
  • You may revoke the permission to make any Shared Content publicly available at anytime, however, any third parties who have been granted a sublicense to use your Shared Content before the effective date on which you revoke permission, will continue to have the right to use such sublicense while they hold an active account for the Fontself Services; after such account is deactivated, Fontself may, but will not be obliged to, enforce compliance with your intellectual property rights against any such sublicensees.]

Sharing your information

Fontself may store a copy of your text messages and the fonts associated with these messages notably in order to display your messages to any private or public third party.

You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas of the Fontself Services may remain publicly accessible to everyone and Fontself may not have control over what such persons having access to such Content do with it.

Unless explicitly agreed otherwise by Fontself, by posting any Content on publicly accessible areas of the Fontself Services, you acknowledge and agree that such Content provided is not confidential and that Fontself may use it for the aforementioned purposes without giving rise to any compensation or liability to you. This also applies if you publish in such way personal information that Fontself would otherwise have to process in accordance with its obligations under the Privacy Policy.

Right of Fontself and its Partners to moderate your content

Fontself and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Fontself Services that violates these Terms or is otherwise objectionable.

You agree that Fontself may preserve, and disclose your account information and Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • comply with legal requirements;
  • enforce these Terms;
  • respond to claims that any Content violates the rights of third parties;
  • respond to your requests for customer service; or
  • protect the rights, property or personal safety of Fontself, its users and the public.

6. FONTSELF PROPRIETARY RIGHTS

You acknowledge and agree that the Fontself Services, any software used in connection with the Fontself Services (the "Software") and any intellectual property and other proprietary rights relating thereto are owned, licensed or otherwise controlled by Fontself. Unless expressly provided otherwise, nothing in these Terms shall be construed as granting you any property or other right in relation to the Fontself Services, the Software and any intellectual property rights or other proprietary rights relating thereto.

You may not modify, reproduce, copy, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit, the Fontself Services, the Software or the Content or any portion thereof for any public or commercial use, other than as expressly provided by these Terms. Unless provided otherwise in these Terms, you may not print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Content contained on the Fontself Services. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. In the event of any permitted copying, redistribution or publication of material from the Fontself Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You acknowledge that the Content made available in relation with the Fontself Services is protected by copyright. You may not decompile, reverse engineer, disassemble or otherwise intend to make the Software, including without limitation the source code, available to third parties.

7. ADVERTISING

When using the Fontself Services, advertisements may be visible on your screen for a certain period of time. Such advertisements may be specifically targeted at you based on information you have provided Fontself and on your usage of the Fontself Services. You agree to being exposed to advertisements in general and targeted advertisements in particular.

You acknowledge and agree that Fontself is neither responsible nor liable for such advertisement and its content nor for the compliance of such advertisement and its content with applicable laws.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Fontself Services, including payment and delivery of related goods or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by applicable laws, you agree that Fontself shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Fontself Service.

 

8. TERMINATION

The right to access and use the Fontself Services is granted for an unlimited period of time and may be terminated in accordance with this section.

You may terminate your Fontself account and access to the Fontself Services at any time with immediate effect by serving a written notice of termination to Fontself.

Fontself may, in its sole discretion, terminate at any time with immediate effect your account (or any part thereof) or use of the Fontself Services, and remove and discard any Content within the Fontself Services for any reason, including without limitation:

  • your violation or breach of these Terms;
  • according to a request by law enforcement or government agencies;
  • your account remaining inactive during at least [12] months; or
  • discontinuance or material changes to a Fontself Service.

You agree that in case of any termination of your access to the Fontself Services Fontself may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Fontself Services.

9. INDEMNITY

You agree to defend and hold harmless Fontself, and all its directors, OFFICERS, owners, REPRESENTATIVES, content providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from, a breach of these Terms, your use of the Fontself Website or receipt or use of the Fontself Services. Fontself reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Fontself.

10. DISCLAIMERS

You acknowledge and agree that the downloading of software, Content and other data, and the use of the Fontself Services is at your sole discretion and own risk.

The Fontself Services including the Software are provided "as is" without any express or implied representation or warranty including, but not limited to, implied warranties of merchantability, fitness for any purpose, and non-infringement. Fontself does not guarantee in particular (without limitation):

  • that the access to, and use of, the Fontself Services will be safe and secure;
  • that the Fontself Services and the Content do not violate any third party rights;
  • the quality, availability or performance of the Fontself Services;
  • that the Fontself Services are up to date, merchantable, state of the art, accurate, legal, secure, reliable and free of defects, errors, bugs, spam, viruses, worms, Trojan horses, spyware, unauthorized third party access (e.g. hacking) or that they are appropriate for your purposes;
  • the continuous and uninterrupted accessibility and availability of the Fontself Services, the timely provision of the Fontself Services nor the error-free transmission of the Fontself Services and the Content without loss of data packages; and
  • that the Content or other third party content provided via the Fontself Services is accurate, complete and comply with the requirements of applicable law.

11. LIMITATION OF LIABILITY

FONTSELF DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SERVICES TO THE EXTENT LEGALLY PERMISSIBLE. LIABILITY OF FONTSELF FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR NETWORK FAILURE, LOSS OF PROFITS, GOODWILL OR OTHER IMMATERIAL DAMAGES) ARISING OUT OF THE USE OF THE SERVICES, FOR NEGLIGENCE, FOR AUXILIARY PERSONS AND FORCE MAJEURE, AS WELL AS FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, IS FULLY DISCLAIMED TO THE EXTENT LEGALLY PERMISSIBLE.

FONTSELF SHALL NOT BE LIABLE FOR ANY CONTENT, FOR ANY ADVERTISEMENTS OR FOR ANY THIRD PARTY CONTENT TRANSMITTED BY WAY OF THE SERVICES OR OTHERWISE MADE AVAILABLE ON ITS WEBSITE ETC.

YOU agree that Any claims against fontself arising out of or related to use of the service must be filed within one (1) year of occurrence of the reason giving right to such claims and shall prescribe thereafter.

 

12. GENERAL INFORMATION

You acknowledge that you may not assign or transfer any rights or obligations arising out of these Terms to any third party. Fontself may assign any rights and obligations arising out of these Terms including the provision of certain or all Fontself Services or parts of it without your consent.

Should any provision of these Terms be deemed invalid, void or unenforceable, the remainder of these Terms shall remain in force. In such event the invalid, void or unenforceable provision shall be replaced by a valid or enforceable provision that best reflects the commercial purpose of the invalid, void or unenforceable provision. The same shall apply in the event of a contractual gap.

While Fontself may provide you with a translation of these Terms for your convenience, you agree that the English language versions of these Terms will govern your relationship with Fontself. In the event of inconsistency or discrepancy between the English language version of these Terms and the other language versions, the English version shall prevail.

You agree that your Fontself account is non-transferable and any rights to your Fontself account or contents within your account terminate upon your death. Any free account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with Fontself’s policy.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

13. NAME AND TRADEMARKS

FONTSELF and the FONTSELF logo are registered names and trademarks owned by Fontself. Any use of the FONTSELF name, logo and trademark requires the previous written consent of Fontself.

14. COPYRIGHTS

The Software, the Fontself Website and all material on the Fontself Website are copyright protected or otherwise protected by intellectual property rights owned, licensed by or otherwise controlled by Fontself.

All of the Content available through the Fontself Services is copyright © of Fontself or used under license. Fontself currently utilizes copyrighted materials from various individuals and entities, and copyright notices for such material are set forth wherever such licensed material appears on the Fontself Services.

Fontself respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on our site, please review our Copyright Policy and report any problem to Fontself Customer Care.

15. VIOLATIONS OF THESE TERMS

Please report any violations of these Terms to Fontself Customer Care.

16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE 

Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Switzerland, the United States and the country in which you reside (if different from the aforementioned).

17. GOVERNING LAW AND JURISDICTION

TheSE Terms and your relationship with Fontself shall be governed by and construed in accordance with the substantive laws of Switzerland WITHOUT REGARD TO CONFLICT OF LAWs PRINCIPLES THEREOF. The exclusive place of jurisdiction shall be Lausanne, Switzerland. Notwithstanding the above, Fontself may, at its election, choose to bring any action against you in the courts of your domicile.

 

Ver 1.0 - Last Updated on 18/Feb/2010. © Fontself 2010. All rights reserved.