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General Terms and Conditions of Use and Privacy Policy
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PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE FONT FACTORY PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE FONT FACTORY SERVICES.

Welcome to Font Factory's Terms and Conditions of Use. These Terms and Conditions of Use apply to and govern your use of Font Factory's Web site(s) (the "Site") as a passive visitor, as well as the services ("Services") that Font Factory provides to participants including agents, employees, assigns, principals, contractors and subcontractors of the actual participant to the Site who sign up with Font Factory as a member ("Member"). For purposes of these Terms and Conditions of Use, the words "you" and "your" shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site which constitutes any visit, entry or opening of the Web site and or the Services signifies your agreement to be bound by these Terms and Conditions of Use. If you do not agree to be bound by these Terms and Conditions of Use, you may not access or otherwise use the Site or receive the Services.

License

Font Factory grants you a license on a non-exclusive, non-transferable, limited right to access, use and to display the Site and the materials thereon for your personal use only, use does not entitled any right to transfer, assign or in anyway to sell, dispose of or share the information with any other person whether corporate or personal, provided that you comply fully with these Terms and Conditions of Use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms and Conditions of Use. Except as expressly provided herein or otherwise allowed by Font Factory, you may not use the Site or the Services for any commercial purpose.

Changes to Terms and Conditions of Use

Font Factory reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these Terms and Conditions of Use periodically to be aware of any changes. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes.

Font Factory Entitlements

Font Factory owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international conventions, and other copyright laws. Font Factory, and/or its third party providers, are the owners or entitled to be the owners of the copyright in the entire Site. Font Factory owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

No Modifications and Copyright

You will not, without the prior written consent of Font Factory, modify, alter, adapt, disassemble, reverse engineer, decompile, amend, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these Terms and Conditions of Use. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of Font Factory and its affiliates or the copyright holder identified in the individual Content's copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and sales marks of Font Factory and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.

This Site also contains trademarks of Font Factory protected under Australian and International Trademarks laws. Use of such marks without Font Factory's written permission is strictly prohibited.

Withdrawal of Site

Font Factory shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. Font Factory may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.

Payment of Services by Member and Password/User Name

Upon a Member's registration on the Site, Font Factory will create an online account with payment of the services to be deducted from the nominated credit card or other similar means of payment as an automatic payment for the services, for the Member containing information provided by the Member (the "Member Account"), which account shall be accessible and modifiable by the Member thereafter at the Site using a password and user name, in accordance with the Privacy Policy. For more information about how Font Factory collects, maintains and uses Member information, please consult the Privacy Policy.

The Member will pay for the services upon providing acceptable credit card or other acceptable payment facilities upon registration on the Site and that the cost of services will be automatically deducted for use of the Site. Payment is strictly in advance and in the event payment is not received by Font Factory all services will be terminated without notice and the Member will only be entitled to use the Site upon payment of all arrears and current use of the Site. Font Factory reserves the right to charge interest at the rate of ten percent (10%) per annum calculated on a daily basis for all arrears and non payment of Services.

Member’s Responsibilities

As a condition of your use of this Site and the Services, you warrant to Font Factory that you:
  • Will only use this Site and Services for lawful purposes in accordance with these terms and conditions of use;
  • Agree and consent to our Privacy Policy;
  • Agree not to infringe the intellectual property rights, rights of publicity, proprietary rights or privacy rights of Font Factory in connection with your use of the Site;
  • Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide;
  • Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;
  • Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
  • Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
  • Will refrain from using unlawful, tortuous, profane, vulgar, harassing, offensive, abusive, threatening, inflammatory, libellous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
  • Will not access or attempt to access unauthorised areas of the Site, tamper with other users' postings, or unreasonably load or burden the Site's servers.
Members who violate these Terms and Conditions of Use, at Font Factory's sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.

Font Factory Monitoring and Review of Site

You agree that Font Factory has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and Conditions of Use and any other operating rules that Font Factory may establish from time to time.

Notwithstanding this right of Font Factory, Font Factory does not, and cannot, review all materials posted to the Site by users, and Font Factory is not responsible for any such materials posted by users. Font Factory reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Font Factory's sole discretion, such materials are objectionable or in violation of these Terms and Conditions of Use.

Non Reliance on Site Information

Font Factory does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Font Factory reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Release and Indemnity

You shall indemnify, defend and hold harmless Font Factory, and all its officers, directors, owners, agents, employees, 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 legal fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. Font Factory reserves the right, at its own expense, to assume the exclusive defence 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 Font Factory.

Links to Other Web Sites

The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by Font Factory or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Font Factory or the Site sponsors are affiliated or associated with or are legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorised to use any trademark, trade name, logo or copyright symbol of Font Factory or any of its affiliates. Font Factory is not responsible for content on or services provided by other Web sites that are linked to or from the Font Factory site, including without limitation Font Factory's partners' Web Sites and Services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Scope of Liability

THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Font Factory NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FONT FACTORY AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO FONT FACTORY'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL FONT FACTORY, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF FONT FACTORY, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU AS THE MEMBER YOUR EMPLOYEES, CUSTOMERS, AGENTS, CONTRACTORS, PRINCIPALS OR ANY PERSON WHETHER CORPORATE OR PERSONAL YOU MAY CONTACT THROUGH USE OF THIS SITE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE OF ALL SERVICE MEMBER'S FEES PAYABLE BY YOU FOR USE OF THE SITE.

Font Factory's Rights to Information and Materials Provided by Member/Users

Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by Font Factory and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Font Factory a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Font Factory for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Font Factory is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

Relationship of Parties

These Terms and Conditions of Use do not create any partnership, joint venture or agency relationship between the parties. The Member may not enter into any agreements or incur any liabilities on behalf of Font Factory without its prior written consent and may not represent to any person that it has authority to do so.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Font Factory or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Font Factory or any Font Factory affiliate or subsidiary other than pursuant to these Terms and Conditions of Use. However Font Factory will endeavour to take reasonable steps to ensure the confidentiality of transmissions between the Customer and itself however can take no responsibility to keep confidential communications that may be read or intercepted by others as this is a Site available to the general public. Font Factory shall not be responsible for the payment of any monies to any party in connection with Font Factory's use of Communications submitted by you to the Site.

No Resale / Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or Services for any commercial purpose.

Non-Australian Residents

Font Factory makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than Australia. Those who choose to access this Site from other locations outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Term and Termination

You understand and agree that Font Factory may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. Font Factory may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user's access to the Site or the Services, for any reason. You understand and agree that Font Factory may take any one or more of these actions without prior notice to you, but shall endeavour to notify you at the last address as notified by you for conduct purposes. You understand and agree that Font Factory shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Member may terminate its Member Account at any time by sending a request of termination by email to Font Factory at the following address: info@fontfactory.com

Governing Law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions of Use shall be an appropriate State or Federal court located in the state of New South Wales and you hereby irrevocably consent to the jurisdiction of such courts.

Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and Font Factory and supersede all previous written or oral agreements between the parties.

No Waiver

No waiver by either you or Font Factory of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Headings

The section headings used are for convenience only and shall not be given any legal import.

Privacy Policy of Font Factory

Font Factory has created this privacy statement in order to demonstrate our firm commitment to our visitors' and participants' privacy. The following discloses our information gathering and dissemination practices for this Web site: http://www.fontfactory.com or http://www.fontfactory.com.au. This Privacy Policy is a portion of, and is incorporated into, the Web Site Terms and Conditions of Use.

Non-Personal and Personal Information

During your visit to the Site, we may request non-personally identifiable demographic and profile data, though your provision of this information is optional. We may use this data to improve our Site and enhance your experience. For example, we may use this data to tailor your experience at our Site, show you content that we think you might be interested in, and display content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Font Factory Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.

We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you for the duration of a session and to gather broad demographic information.

As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called "clickstream" data, can be collected and stored by a Web site's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Font Factory Site, and in some instances, your email address. We may use clickstream data to determine how much time visitors spend on each page of our Site and how they navigate throughout the Site. We will only use this information to improve the Font Factory Site.

When registering at our Site as a Member, you may be asked to provide certain personally identifiable information about yourself, such as your name, company name, job title, email address and certain information about your business and preferences. You may also be given the option of providing additional personal information such as your URL, phone and fax number and mailing address.

We use personal information provided by Members to notify Members about opportunities, deliver Font Factory newsletters and otherwise communicate with Members about Font Factory and its products and services. Font Factory will not share any personal information of Members with any unaffiliated third parties, without your consent. Font Factory DOES reserve the right to share your personal information with any font foundry from which you purchase one or more items through Font Factory.

As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Member Account information with current, accurate and complete information. You may do this, using your password and user name, by visiting the customer service portion of the Font Factory Site at http://www.fontfactory/catalog/account_edit.php to make such changes.

Cookies

"Cookies" are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with the Font Factory Site. Font Factory may use cookies to customise your Site experience, to make sure you don't see the same ad repeatedly, to deliver content specific to your interests, to remember the items in your Shopping Cart, and for other purposes. However, you may disallow cookies through your Web browser and still visit our Site. Font Factory will never use cookies to retrieve information from a computer that is unrelated to the Font Factory Site or Services or your interaction with the Font Factory Site.

Consent to Processing

By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information for the purposes of providing the Services in accordance with these terms and conditions in Australia and/or any other country.

Other Sites

Our Site may contain links to other sites. Other sites may also reference or link to our Site. Font Factory is not responsible for the privacy practices or the content of such other sites.

Supplemental Information

We may supplement the information that you provide to us with information that is received from third parties.

Security

We take seriously the security for all personal and non-personal information associated with our visitors and participants. However, due to the open communication nature of the Internet, we can not guarantee that communications between you and Font Factory, and Font Factory and you, will be free from unauthorised access by third parties.

Choice/Opt-Out

If we ever send you information by e-mail concerning new Font Factory products or services, we will provide you with an email address by which you may request no future notices.

Your Acceptance

By visiting this Site or receiving Services, you signify your assent to our then-current Privacy Policy. If you do not agree to this Policy, please do not use our Site or Services. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Policy at any time. Your continued use of our Site following the posting of changes to Font Factory Privacy Policy means you accept these changes.
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