Fontself Terms

Last updated January 10, 2022. Replaces all prior versions.

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 Services (as defined below) and "Fontself", “we”, “us” means Fontself SAS, a company incorporated under French law with its registered office in Paris, France.

Fontself provides users with access to a collection of resources as part of the Fontself platform, including font creation software like Fontself Maker, design and communications tools, extensions, apps, hosting & serving services, fonts, forums and personalized content through its website www.fontself.com, network of websites, properties and/or via its partners, which may be accessed through any medium or device now known or hereafter developed (the "Services").

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

‍Privacy policy

By accessing or using the Services, 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 www.fontself.com/terms. Your continued use of the Services after any changes to these Terms will be deemed to be your acceptance of such changes.

License to use the Services and the Licensed Content

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

Age restrictions

You must be at least 16 years of age to access and use the 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 Services.

REGISTRATION

In order to access some features of the Services, you may have to create a Fontself account and provide information about yourself (the "Registration Information").

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 be fully responsible for all activities that occur under your account;
not access nor use the Services if you are under 16 years of age;
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 any other breach of security.

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 www.fontself.com/privacy (the "Privacy Policy").

YOUR OBLIGATIONS AS A USER

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

upload, post, share or otherwise transmit via our Services any User Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, share or otherwise transmit via the Services:
- any User Content that infringes any patent, trademark, trade secret, copyright or any other intellectual property right or proprietary right of any third party;
- any User 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;
"stalk" or otherwise harass another person or entity via any of the Services;
extract, collect, process, combine or store personal data about other users nor use it to contact such users of the Services for commercial purposes;
alter or modify any part of the Services;
access User Content or other content made available on the Services (including the Licensed Content) through any technology or means other than the means Fontself explicitly designate for this purpose;
circumvent, (or attempt to circumvent), disable or otherwise interfere with any security related features of the Services or features that (i) prevent or restrict use or copying of any Licensed Content or Other Content made available on the Services or (ii) enforce limitations on use of the Services or the content accessible on the Services;
collect or harvest any personal data of any user of the Service (including account names or IDs);
distribute any part of or parts of the Services, including but not limited to, any Licensed Content, in any medium without Fontself's prior written authorization (except for those ways in which it’s allowed);
include any parts of the Content or Services within a third party site (“frame”) without previous written consent by Fontself; and
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 Services, any content or any portion thereof made available via the Services.

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 Services.

You are responsible for obtaining access to the 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 Services.

Legal restrictions to use the Services

The access and use of the 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 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.

CONTENT SUBMITTED TO FONTSELF

Terms

"User Content" means any content that you upload, post, share or otherwise transmit via the Services, including, but not limited to, information, data, fonts, font designs, texts, photographs, graphics, messages, drawings or profile data.

"Shared Content" means any User Content you make publicly available for use or display by other users of the Services, including, but not limited to, fonts or messages.

"Licensed Content" means any content other than User Content, including Licensed Fonts, Licensed Software and Services.

"Other Content" means any content hosted on or transmitted via the Services that is not licensed to you, including, but not limited to, other users’ data or fonts.

"Licensor(s)" means the third party that licenses to us any of the Licensed Content that we make available for your Use.

"Licensed Fonts" means the fonts that we license to you through the Services for your use pursuant to these Terms.

"Licensed Software" means the Services and any and all software with which this Agreement is provided, including but not limited to any software files containing the Licensed Fonts, and any scripts, scripting logic, or other code that is used within the Services, or embedded within exported file formats (and any Updates and Upgrades or Documentation relating to any of the foregoing) that we make available to you through the Services to enable you to access and receive the Licensed Content.

Responsibility

You acknowledge and agree that you have the sole responsibility for all User Content.

Ownership and License on the Content

Unless provided otherwise in these Terms, you own all the User 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, transferable 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 Content:

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

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

Fontself reserves the right to incorporate your User 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, may continue to have the right to use such sublicense while they hold an active account for the 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 text and fonts associated with the messages sent on/via the Services, notably in order to display your messages.

You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas of the 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 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 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:

ilcomply with legal requirebments;

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.

FONTSELF PROPRIETARY RIGHTS

You acknowledge and agree that the Services, any software used in connection with the Services 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 Services 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 Services, Licensed Content or Other 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 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 Services, 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 Services is protected by copyright. You may not decompile, reverse engineer, disassemble or otherwise intend to make the Services, including without limitation the source code, available to third parties.

TERMINATION

The right to access and use the 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 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 Services, and remove and discard any Content within the Services for any reason, including without limitation:

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

You agree that in case of any termination of your access to the 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 Services.

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 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.

DISCLAIMERS

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

The 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 Services will be safe and secure;
that the Services and the Content do not violate any third party rights;
the quality, availability or performance of the Services;
that the 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 Services, the timely provision of the Services nor the error-free transmission of the Services and the Content without loss of data packages; and
that the Content or other third party content provided via the Services is accurate, complete and comply with the requirements of applicable law.

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.

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 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.

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.

COPYRIGHTS

The Services, Licensed Software and all material on the Services 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 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 Services.

Intellectual Property Claims

Fontself respects the intellectual property rights of others, following the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.

In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement with our designated Copyright Agent:

Fontself SAS, 9 rue des Colonnes, 75002 Paris, France
hello@fontself.com

Electronic notification is preferred. To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), and must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fontself will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement and/or the DMCA Policy.

If you are a User and material that you have uploaded to the Services has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at hello@fontself.com. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the User that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if Fontself in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.

VIOLATIONS OF THESE TERMS

Please report any violations of these Terms to our team.

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 France, the United States and the country in which you reside (if different from the aforementioned).

GOVERNING LAW AND JURISDICTION

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

Now, let’s make some fonts ;)

Terms of Service