Terms of Service
Acceptance of Terms
Wordmark ÖU, (“Wordmark”) makes available for your use on this Web site (the “Site”) a service function to preview fonts and modify previewing options (the “Wordmark Software”) (such service including in particular, without limitation, the use of the Wordmark, 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 Service” or “TOS”). A selection of fonts tagged with Wordmark Software are referred to hereinafter as the “Saved Tags”. By using this Site, which includes your access to or use of any part of the Service, you agree to these Terms of Service.
Wordmark reserves the right to change the Terms of Service 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 Service 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 Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. If you breach any of the Terms of Service, 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 Wordmark assumes no responsibility for the availability, timeliness and functionality of the Service, including in particular but without limitation the Wordmark Software, and/or for the timeliness, deletion or failure to store any user generated content (including, in particular the Saved Tags if applicable). 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 Email Address 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 applicable jurisdiction. Wordmark 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 Wordmark of any unauthorized use of your password or account or any other breach of security; you are responsible for maintaining the confidentiality of your email address and password, if applicable.
GENERAL PRACTICES REGARDING SERVICE
You acknowledge that Wordmark may establish general practices and limits concerning use of the Service. You agree that Wordmark has no responsibility or liability for the deletion or failure to store any Saved Tags created by you under the Service. You acknowledge that Wordmark reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wordmark reserves the right to modify these general practices and limits from time to time.
Wordmark 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 Wordmark shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof.
User conduct: Use of Service
You agree not to use the Service or any part thereof to:
- create, post, transmit or otherwise make available any 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;
- harm minors in any way;
- create, post, transmit or otherwise make available any content 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);
- create, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, design or other proprietary rights (“Rights”) of any party;
- 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;
- 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;
- 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;
- 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.
Use of the Service, in particular use of the Wordmark Software is only allowed in order to preview fonts; nothing in this agreement shall be interpreted to grant you any right or license to the Wordmark Software beyond that scope.
You acknowledge that Wordmark may or may not pre-screen content, in particular the Saved Tags, but that Wordmark and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Saved Tag or other content that is available via the Service. Without limiting the foregoing, Wordmark and its designees shall have the right to remove any content or Saved Tag that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content.
You acknowledge, consent and agree that Wordmark may access, preserve and disclose your account information and Saved Tags 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 Service; (c) respond to claims that any Saved Tag violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Wordmark, its users and the public.
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 WORDMARK.IT, ALL MATERIALS AND THE SERVICE ON THIS SITE, INCLUDING IN PARTICULAR BUT NOT LIMITED TO, THE WORDMARK.IT SOFTWARE AND THE SAVED TAGS 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, WORDMARK.IT MAKES NO WARRANTY THAT (i) THE SERVICE (INCLUDING THE WORDMARK.IT SOFTWARE AND THE MATERIALS) AND THE SAVED TAGS 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 SAVED TAG CREATED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WORDMARK.IT SOFTWARE AND / OR THE MATERIALS AND / OR THE SAVED TAGS OBTAINED FROM THE SITE WILL BE CORRECTED.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS. WORDMARK.IT 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 WORDMARK.IT MAKES NO COMMITMENT TO UPDATE SUCH SERVICES OR SAVED TAGS.
WORDMARK.IT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS, SAVED TAGS 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 WORDMARK.IT 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 WORDMARK.IT 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 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 WORDMARK.IT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
This Site may contain links to third-party Web sites that are not under the control of Wordmark. Wordmark makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Wordmark International Web site, you do so at your own risk and Wordmark 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. Wordmark provides such links merely as a convenience and the inclusion of such links does not imply that Wordmark endorses or accepts any responsibility for the content or uses of such websites.
You agree to indemnify and hold Wordmark 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 Saved Tag 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 Service, or your violation of any rights of another.
Personal Information and Privacy
You agree that Wordmark may, under certain circumstances and without prior notice, immediately terminate your Wordmark 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 Service 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 Wordmark account includes (a) removal of access to all offerings within the Service, including creation of Saved Tags, (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 Wordmark's sole discretion and that Wordmark 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.
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
The failure of Wordmark to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 Service remain in full force and effect.
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