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Terms of Use


Acceptance of Terms

Robert Meek (“FontStruct”) makes available for your use on this Web site (the “Site”) a service function to create, download, use and display fonts, including the use of a specific software for the creation of fonts (the “FontStruct Software”) (such service including in particular, without limitation, the use of the FontStruct Software and the FontStructions, and any additional data and information on this Site hereinafter referred to as “Service”) , subject to the terms and conditions set forth in this document (the “Terms of Use” or “TOU”). Fonts created with the help of the FontStruct Software are referred to hereinafter as the “FontStructions”.  By using this Site, which includes your access to or use of any part of the Service, you agree to these Terms of Use.

FontStruct reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site and the Service will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using the Site and the Service you shall be subject to any posted guidelines or rules applicable to such Service or any part thereof that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site and the Services will automatically terminate.

Access to Site and Service

You understand and agree that the Service is provided “AS-IS” and that FontStruct assumes no responsibility for the availability, timeliness and functionality of the Service, including in particular but without limitation the FontStruct Software, and/or for the timeliness, deletion or failure to store any user generated content (including, in particular the FontStructions) or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider fees). You are responsible for such fees and for all equipment necessary to access the Service.

Use and Protection of Account Number and Password

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Germany or other applicable jurisdiction. FontStruct has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree to (a) immediately notify FontStruct of any unauthorized use of your password or account or any other breach of security; you are responsible for maintaining the confidentiality of your User I.D. and password, if applicable. You are responsible for all uses of your User I.D., whether or not actually or expressly authorized by you.

GENERAL PRACTICES REGARDING SERVICE

You acknowledge that FontStruct may establish general practices and limits concerning use of the Service. You agree that FontStruct has no responsibility or liability for the deletion or failure to store any FontStructions created by you under the Service. You acknowledge that FontStruct reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FontStruct reserves the right to modify these general practices and limits from time to time.

FontStruct reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that FontStruct shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof.

Intellectual Property Rights: Limited License

The FontStructions that are created and/or made available on this Site are the copyrighted work, as the case may be, of the respective creator.

The Site, the FontStruct Software and the FontStructions, as the case may be, are protected by copyright and/or other intellectual property laws. Any unauthorized use of the Site, the FontStruct Software, the FontStructions or any other part of the Service may violate such laws. Except as expressly provided herein, FontStruct does not grant any express or implied right to you under any patents, copyrights (including ancillary rights), trademarks, tradenames, or trade secret information with respect to the Site, the FontStruct Software, the FontStructions or any other part of the Service.

The FontStruct Software and accompanying documentation, if any, that are made available for use on this Site are the copyrighted work of FontStruct and/or its licensors.  You are not allowed to download the FontStruct Software or any part hereof, and/or to distribute it or make it otherwise available to any third party. You are allowed to use the FontStruct Software for the purpose of creating FontStructions only.

User conduct: Use of Service and FontStructions

The FontStructions and all material associated therewith, including any files uploaded to the Site, are the sole responsibility of the person from whom such FontStructions, materials or files originated and who made them available on the Site. This means that you, and not FontStruct, are entirely responsible for all FontStruction content that you create, and make available via the Service. FontStruct does not control the content, in particular not the FontStructions posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such FontStructions. Under no circumstances will FontStruct be liable in any way for any FontStruction, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any FontStruction made available via the Service.

You agree not to use the Service or any part thereof to:

  1. create, upload, post, transmit or otherwise make available any FontStruction or other content that is unlawful (e.g. because it violates third party rights), harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. create, upload, post, transmit or otherwise make available any FontStruction that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. create, upload, post, transmit or otherwise make available any FontStruction that infringes any patent, trademark, trade secret, copyright, design or other proprietary rights (“Rights”) of any party;
  5. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  6. upload, post, transmit or otherwise make available any material that contains software viruses, bombs, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  8. intentionally or unintentionally violate any applicable local, state, national or international law; and

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, in particular with respect to the FontStructions.

Use of the Service, in particular use of the FontStruct Software is only allowed in order to create FontStructions; nothing in this agreement shall be interpreted to grant you any right or license to the FontStruct Software beyond that scope.

You acknowledge that FontStruct may or may not pre-screen content, in particular the FontStructions, but that FontStruct and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any FontStruction or other content that is available via the Service. Without limiting the foregoing, FontStruct and its designees shall have the right to remove any content or FontStruction that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, in particular with the use of any FontStruction.

You acknowledge, consent and agree that FontStruct may access, preserve and disclose your account information and FontStruction if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any FontStruction violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FontStruct, its users and the public.

The Service and any part hereof may be used solely for personal, informational, internal, non-commercial purposes on a non-exclusive basis.

You may not remove any copyright or other proprietary notices contained in the FontStruction Software, the FontStructions or on the Site.

Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND FONTSTRUCT, ALL MATERIALS AND THE SERVICE ON THIS SITE, INCLUDING IN PARTICULAR BUT NOT LIMITED TO, THE FONTSTRUCTION SOFTWARE AND THE FONTSTRUCTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FONTSTRUCT MAKES NO WARRANTY THAT (i) THE SERVICE (INCLUDING THE FONTSTRUCT SOFTWARE AND THE MATERIALS) AND THE FONTSTRUCTIONS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY PART HEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE  OR ANY PART HEREOF WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR FONTSTRUCTION CREATED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE FONTSTRUCT SOFTWARE AND / OR THE MATERIALS AND / OR THE FONTSTRUCTIONS OBTAINED FROM THE SITE WILL BE CORRECTED.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS. FONTSTRUCT MAY MAKE CHANGES TO THE MATERIALS, SOFTWARE AND SERVICES ON THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SERVICE INCLUDING ANY PARTS THEREOF ON THIS SITE MAY BE OUT OF DATE, AND FONTSTRUCT MAKES NO COMMITMENT TO UPDATE SUCH SERVICES OR FONTSTRUCTIONS.

FONTSTRUCT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS, FONTSTRUCTIONS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL FONTSTRUCT OR ITS DESIGNATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FONTSTRUCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICE , INCLUDING THE DOWNLOADING OF ANY FONTSTRUCTION OR OTHER MATERIAL THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FONTSTRUCT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

This Site may contain links to third-party Web sites that are not under the control of FontStruct. FontStruct makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-FontStruct International Web site, you do so at your own risk and FontStruct is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites or for the quality of any products or services available on such sites. FontStruct provides such links merely as a convenience and the inclusion of such links does not imply that FontStruct endorses or accepts any responsibility for the content or uses of such websites.

INDEMNITY

You agree to indemnify and hold FontStruct and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content, in particular (but not limited to) any FontStruction you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

Personal Information and Privacy

To learn about how FontStruct protects your personal information, such as your name and address, refer to the FontStruct Privacy Policy.

Termination

You agree that FontStruct may, under certain circumstances and without prior notice, immediately terminate your FontStruct account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. Termination of your FontStruct account includes (a) removal of access to all offerings within the Service, including creation of FontStructions, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in FontStruct's sole discretion and that FontStruct shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Governing Law and Jurisdiction, Legal venue

This Site (excluding linked sites) is controlled by FontStruct from its offices within Berlin, Germany. By accessing this Site and using the Service, you and FontStruct agree that all matters relating to your access to, or use of, this Site and the Service shall be governed by the statutes and laws of the Federal Republic of Germany, without regard to the conflicts of laws principles thereof. The FontStruction EULA are subject to the statutes and laws as stated in these terms. FontStruct makes no representation that materials, software or any other part of the Service available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site and use the Service from other locations do so on their own initiative and are responsible for compliance with local laws.

Trademark Information

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of FontStruct or other third parties. You are not permitted to use the Marks without the prior written consent of FontStruct or such third party which may own the Marks. “FontStruct” is a trademark of FontStruct.

General Information

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

The failure of FontStruct to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

FontStruct. All rights reserved