Last updated September 17, 2018. Replaces all prior versions.
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 at 58A rue Hauteville, 75010 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, font hosting & serving services like Fontself Catapult, 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:
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.
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.
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.
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:
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:
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.
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.
By default, all fonts created with Fontself Maker are locally stored on your computer, and none are accessible to Fontself. It is only when you decide to use Fontself Catapult, our online hosting solution to use fonts on web and mobile, that a copy of your font file will be uploaded, processed and stored on our servers for your own use.
By default, all fonts uploaded to Fontself Catapult are private, and you control how your own fonts can be accessed by enabling specific features from the Catapult service.
"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.
You acknowledge and agree that you have the sole responsibility for all User Content.
To ensure we can properly display your fonts on our Services, you need to grant us the right to display your fonts or custom messages.
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:
2. with respect to the User Content and the Shared Content:
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.
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;
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.
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:
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.
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.
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):
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.
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.
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.
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.
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, 58A rue Hauteville, 75010 Paris, France
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:
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:
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at firstname.lastname@example.org. 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.
Please report any violations of these Terms to our team.
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).
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 ;)
Oh, if you make some really cool stuff with Fontself Maker, we’d love to see it & share it with the community. So feel free to ping us, or to tag your creations on Twitter & Instagram with #fontself