3. Accessing the Website and Account Security
The Website is a platform that allows designers to market and sell their graphics, designs, fonts and other related products (collectively, “Items”) directly to buyers. The Website contains contributor or designer web pages that are accessible on personalized platforms (“Designer Shops”) for vetted and approved designers or contributors (collectively referred to as “Sellers”) to sell their designs or other contributions, and other interactive features that allow Sellers to post, submit, publish, display, host or transmit content or materials on or through the Website, including monthly Item bundles that are curated and featured by The Website (together with Designer Shops, the “Interactive Services”).
To access the Website and some of the resources it offers, whether as a Seller or a User, you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to and on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including without limitation through the use of any of the Interactive Services on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
To create and maintain your account with the Website, you must agree to and abide by the following rules:
- You must be 18 years of age or older.
- You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
- If you’re registering as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the business.
- You are solely responsible for:
- Your account and any activity on your account.
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Sellers.
4. Rights and Obligations of Sellers
If you are interested in opening and hosting a Designer Shop on the Website, please contact us to negotiate a Seller’s Agreement.
5. Content Standards
These content standards apply to any and all Items and use of the Interactive Services. Items must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Items must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that the Items or Interactive Services emanate from or are endorsed by us or any other person or entity, if this is not the case.
6. Intellectual Property
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers, and such material is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferrable right and license to use the Website for your personal use only, except as otherwise provided in the General Commercial Use License. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- Modify copies of any materials from this Website, including any Designer Shops.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the terms So Fontsy, and the So Fontsy Logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
8. General Commercial Use License
If you make a purchase from or submit an order to the Website, you are granted a license that entitles you to certain personal and commercial uses related to the Item that you purchased or ordered, with the exception of print-on-demand and high-volume production orders.
If you will be using an Item for high-volume production (defined as more than 500 copies) or have made a print-on-demand order, you must purchase an enterprise license from the Website for each individual Item. If you have any additional questions that are not answered by this section, please contact us.
- You may use any purchased Item for personal and commercial use. This means you may use it for yourself or create a product with or using the Item that you hold for sale.
- The purchased Item may be used on a physical product as long as the Item has not been altered or modified.
- Example: You purchase a graphic of an elephant from a Seller. You may make a t-shirt with the elephant graphic on it, as long as you do not make any changes to the elephant graphic. You may then sell the t-shirt. Further customization or personalization (such as adding a name) for the purpose of commercial resale is additionally permitted.
- Fonts may be used to create commercial use, text-based digital designs, but the font itself cannot be re-sold or re-distributed.
- The Item itself—in its original digital form as purchased from the Website—may not be resold, sublicensed, transferred, shared, or otherwise re-distributed in its original digital form (e.g., as you purchased it).
- The Item may not be included in the sale of another product.
- Example: You purchase a design of a flower. You may not include the file of the flower design as part of a bundle of other items held for sale or with the purchase of a t-shirt displaying the flower design.
- The Item may not be used with or on print-on-demand services.
- Digital cut files may not be digitized and re-sold as embroidery files.
- The Website’s images of any Item, or of a finished product containing any Item, may not be used to promote or market your product. This means it is impermissible to use the Website’s stock photos or mock ups of Items listed on the Website, whether for sale, illustration, marketing or otherwise, for your own use.
9. Disclaimer of Representations and Warranties
You understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for the restoration of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Further, you understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website, including from any Designer Shop, will include the license purported to be granted by the Seller. You understand that the Company does not design, create or inspect any of the Items sold through our Interactive Services. The Website functions as a marketplace; the Items listed on our Website are designed, created, listed and sold by Sellers who are independent from the Company. The Company therefore cannot and does not make any warranties about the quality or legality of the Items.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability
You understand that any legal claim related to an Item you purchase must be brought directly against the Seller of the Item. You release the Company from any claims related to Items sold through our Interactive Services, including for defective Items, misrepresentations by Sellers or Items that cause any injury (including without limitation any product liability claims). You understand that the Company is not responsible for the accuracy, copyright compliance, legality or decency of Items posted by Sellers that you access through the Website’s Interactive Services, and you release us from all liability related to such Items. You understand that any interaction with a Seller or other User is made at your own risk, and you release us from all liability relating to such interactions.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.