Fontsmith

Terms & Conditions

Welcome to http://www.fontsmith.com (the “Website”). Using the Website indicates that you accept these terms and conditions (the “Terms”) regardless of whether or not you choose to register with Fontsmith. If you do not accept these Terms, do not use the Website. Please note that the Terms are updated from time to time without notice and it is your responsibility to review these Terms regularly.

  1. Introduction

    1. The Website is owned by Fontsmith Ltd (“Fontsmith”). Fontsmith is registered in England and Wales (company number: 03870285, VAT number: 760 6566 16) and its registered office is at Chart House, 2 Effingham Road, Reigate, Surrey, RH2 7JN (telephone number: 020 7490 9380, e-mail: info@fontsmith.com).
    2. You may access most areas of the Website without registering your details. Certain areas of the Website are only open to you if you register.
  2. Acceptance of the Terms

    By accessing any part of the Website you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.

  3. Changes to the Terms

    1. Fontsmith shall have the right, at its sole discretion to modify, add or remove any terms or conditions of these Terms without notice or liability to you. You should check the Website regularly to review the current Terms since they are binding on you.
    2. Any changes to these Terms shall be effective immediately following the posting of any such changes on the Website. Your continued use of the Website after changes have been posted means you agree to be legally bound by the Terms as updated and amended.
  4. Ownership of the Website

    1. The Website, its design and content including all text, still and motion video, audio and audio visual material, code and/or software (the “Material”) are owned by Fontsmith. You agree not to modify, copy, reproduce, broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or distribute in any way any portion of the Website or the Material.
    2. All copyrights, trade marks and proprietary rights in the Material and contained in the Website are the property of Fontsmith unless otherwise stated. Nothing shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, registered design, design right, copyright or other intellectual property right of the Website.
  5. Permitted Use of the Website

    1. The content on the Website may be used by you only for your personal use as provided in these Terms, but may not be taken out of context or presented in a misleading, unclear or discriminatory manner.
    2. You are granted a personal, limited, non-transferable, non-exclusive licence to access the Website and use the Website and the Material, provided that you do not, and do not allow any third party, to modify or create a derivative work, reverse engineer or otherwise attempt to discover any source code or software available on the Website. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms. Fontsmith may revoke this licence at any time and in their absolute discretion.
  6. Prohibited Use of the Website

    1. You are strictly prohibited from:
      1. accessing and using any of the fonts or other content available via the Website in any manner unless you are an authorised licensed user and adhere strictly to the terms of the separate end user licence agreement terms governing the valid use of those fonts;
      2. using or reproducing any content from the Website without Fontsmith’s prior written consent which is subject to Fontsmith’s sole discretion;
      3. hacking into, modifying, or removing a or any part of any embedded document (including without limitation any fonts) available via the Website, (which “embedded documents” shall include but not be limited to Acrobat or other files employing portable document format (PDF), Macromedia Flash or other files employing TrueDoc and documents employing Web Embedding Font Technology (WEFT).
    2. You may not misuse the Website (including, without limitation, by hacking).
  7. Downloading Material from the Website

    If you download any Material from the Website, the Material, (including any images or files included in or generated by the Material and data accompanying the Material) is subject to these Terms.

  8. Website Availability

    1. While Fontsmith endeavours to ensure that the Website is normally available 24 hours a day, Fontsmith shall not be liable if for any reason the Website is unavailable at any time or for any period.
    2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Fontsmith's control.
  9. Posting and Uploading Material to the Website

    1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Fontsmith shall have no obligation with respect to such material.
    2. Fontsmith and its designers shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
  10. Prohibited Material

    1. You are prohibited from uploading, posting or transmitting to or from the Website any material:
    2. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      1. for which you have not obtained all necessary licences and/or approvals; or
      2. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      3. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    3. Fontsmith shall fully co-operate with any law enforcement authorities or court order requesting or directing Fontsmith to disclose the identity or locate anyone posting any material in breach of paragraph 6 or this paragraph 10.
  11. Links to Other Websites

    1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Fontsmith has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. As a result, Fontsmith does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
    2. Please note that we are not responsible for the terms of use or data collection practices of any other websites and we encourage you to read the privacy statements and terms of use of those linked websites.
  12. Links from Other Websites

    1. Fontsmith does not permit the linking of the Website from any third party sites unless it has provided its express written consent to do so.
  13. User Registration

    1. Each registration is for a single user only. Fontsmith does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
    2. When you register on the Website, you warrant that all the details you supply, including without limitation, your name and e-mail address are accurate, that you are authorised to use the e-mail address that you provide and that you are at least sixteen (16) years old.
    3. If you are below the age of sixteen (16), please obtain the permission of your parent or guardian before using the Website. Fontsmith has no intention of collecting any personal information from children below the age of 16 without parental consent.
    4. Fontsmith takes your privacy seriously. Please read Fontsmith’s Privacy Policy for details about what information Fontsmith collects and how Fontsmith will use and protect it.
  14. Losing Your Password

    1. If you lose your password, or believe that someone else has access to your password, you must inform Fontsmith immediately. Fontsmith will issue you with a new password.
  15. Disclaimer

    1. WHILE FONTSMITH ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT, FONTSMITH DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE WEBSITE. FONTSMITH MAY MAKE CHANGES TO THE MATERIAL ON THE WEBSITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE, AND FONTSMITH MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.
    2. THE MATERIAL ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FONTSMITH PROVIDES YOU WITH THE WEBSITE ON THE BASIS THAT FONTSMITH EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL WHICH, BUT FOR THESE TERMS, MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE.
  16. Liability

    1. FONTSMITH, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF FONTSMITH'S GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR ANY KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE (INCLUDING WITHOUT LIMITATION, ANY DIRECT LOSS OR DAMAGES OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE AND ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES).
    2. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FONTSMITH'S LIABILITY FOR:
      1. DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR
      2. FRAUD; OR
      3. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    3. YOU ASSUME ALL COSTS IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA.
    4. FONTSMITH DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE’S SERVER IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR BUGS.
  17. Severance

    1. If any of these Terms shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
  18. Governing Law and Jurisdiction

    1. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England.

Issue Date: 1 August 2014