Instead of “General words”
The terms and conditions contained herein (the “Terms of Service” or “TOS”) govern the possibilities of use by You, as a User (whether as a guest or a registered user) of the website https://fontba.se, all its content and links (“Website”) as well as FontBase desktop App (“App”). Use of the Websites includes accessing, browsing, or registering within the App, including but not limited to blogs, support correspondence, product and services information (all together, including the App referred as “Services”).
“We”, “our” and “us” currently refers to the FontBase entity: “Dominik Levitsky Studio”.
FontBase legally reserves the right to deny access, at any time and without prior notice, to those Users who strictly do not comply with these Terms of Services at any time.
In case You have any questions relating to the conditions contained in these Terms of Services, You can contact us by email to firstname.lastname@example.org. Or at any of our social media pages: Facebook, Twitter. Or via mail to the address: “Dominik Levitsky Studio”, Pionierska 19 Wroclaw, Dolnoslaskie 53-212 Poland.
Do not hesitate to contact us at any time with any queries. We are here to help!
Using the Services
Use of the Services is entirely voluntary and under the sole and exclusive responsibility of the User, provided the User do not violate intellectual or industrial property or damage to the Services offered. You can access the Services on a free basis, without being registered, including the downloading the App. The App can be downloaded and used totally for free for all visitors. We also have a paid version, that is a subscription service to an additional set of FontBase’s features, not available at the free version and is called “Awesome”. Using Awesome, You represent that You are over the legal age constituted in Your country for such purchases. You may not access or use the Services for any purpose if the representation in the preceding sentence is not true.
Awesome subscription includes such features, as more screen space for viewing Your fonts in a tight grid, minimize the App to system tray etc. You can also view and copy all of Your fonts glyphs in a single click on the specimen page and more awesome features are yet to come. Subscription service begins as soon as Your payment is processed. To use the Awesome features, the User can subscribe for: $3/month, $29/year or $180 one-time payment for lifetime access. Lifetime subscription refers to the lifetime of the App and is limited to the market usefulness of the App. We guarantee to refund the balance in case, the App will no longer properly work, to the extent, it won’t technically support its main purpose before the expiry of six (6) years (calculated on the year subscription rate) since the lifetime subscription was bought.
After payment of the subscription, the User needs to log in to the App on his desktop. The number of workstations, where a User can log in to Awesome, is limited to two computers.
You can use FontBase in organization with less than 10 people for free. If Your organization is more than 10 people You have to use Awesome, otherwise You would violate these TOS. You can always discuss with us the most convenient subscription types for Your organization via email to email@example.com.
If the circumstances have changed and You want to change Your subscription type just log in to Your subscription management portal. If that is Your first time accessing the portal, You need to register first. Just enter the same email, that You have used for the subscription. You can change Your subscription type, payment method and billing address in the portal. You can change this setting at any time after purchase, by editing the subscription settings. Your subscription will be changed at the end of current billing period. In case of lifetime subscription — after 6 years (basing on calculation of year fees).
We will be missing You, but You definitely can unsubscribe at any time. Just login to the subscription management portal at Your personal cabinet and click “Unsubscribe” at the bottom of the page or just write us an email firstname.lastname@example.org. In case you decided to cancel Your year or monthly subscription, You will be downgraded to free version after the end of current billing period and after 6 years in case of lifetime subscription.
FontBase has a fourteen (14) days return policy (from the date of purchase) on each kind of subscription. You will need to contact FontBase directly to initiate a return with Your motivated reasons why Awesome was not so awesome for You and what we can do better. After consideration of such request (we promise to make it ASAP, but not longer than during 7 days), the return will be done to the card used for purchasing of subscription deducting local applicable taxes. Once the return has been processed, Your Awesome subscription is downgraded to free one. Should You request return after fourteen (14) days from the date of purchase, You should follow the rules of refunds of Unbecoming Awesome or Change subscriptions options.
No refunds available in case of Change subscriptions or Unbecoming Awesome.
Once You decided to become Awesome, You have to follow the payment obligation terms: the payment to be done each 30 days or each 365 days, depending on Your subscription type.
For Your convenience, we provide auto-renewal function, so You can use FontBase Awesome features without hitches. Please do not forget to renew Your payment details, in case they’ve changed. We will make up to three attempts to charge for the month/year subscription during fourteen (14) days, each 3-4 days, from Your registered credit card. After first unsuccessful attempt we will remind You, that Awesome needs renewal, may be You forgot to change Your card details or simply spent all the funds on registered credit card. After third unsuccessful attempt we will have to suspend Awesome subscription and downgrade You to a free version. In this case, we will also remind You about becoming Awesome again. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription Term to stop the subscriptions from automatically renewing.
When using Awesome subscription, You are to provide personal information. All the information must be truthful, accurate, updated and complete. For this purpose, each User guarantees the authenticity of all data that he/she provides when filing the forms required to subscribe for the relevant subscription. When the new User is registering, You have to provide the usual subscription data: Billing address, Full Name, Country, Email, Credit Card details. This information is stored and protected by email and password, and access to Your account information always requires both Your email and password. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect provided data as such, we have the right to suspend or terminate Your account and restrict any and all current or future use of the Services. FontBase reserves the right to disable any password at any time, if the User has failed to comply with any of the provisions of these TOS.
Please treat information as the password and login as confidential and do not disclose it to any third party (unless discussed with FontBase via email@example.com), as You are entirely responsible for the security and confidentiality of Your password and account. No assignment of passwords, even temporarily, to third parties is permitted. In the event that the User knows or suspects the loss, theft or use of his/her password by others or that anyone other than the User knows his/her password, then that the User must promptly bring this to the attention of FontBase at firstname.lastname@example.org.
Change of ownership
We may assign these TOS in their entirety, without Your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. In case of change of ownership all the obligations before the Users, including subscription terms remain actual.
When You visit the Services or send emails to us, You agree to receive communications from us electronically. We will communicate with You via email or by posting notices via Services. A notice will be deemed to have been duly given on the day after it was sent.
Your Feedback is Very Welcome
It is important for us to make the Services as convenient and useful as possible. Please do not hesitate to submit Your feedbacks here: Facebook, Twitter or here email@example.com. User grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to User. If we choose not to implement the suggestion, please don’t take it personally.
Intellectual Property Rights
We are not providing nor giving away any fonts with the App. The fonts are solely added by the User and he is responsible for them. We are not storing or transferring any fonts to our servers. The only thing we are including in the App now are publicly available Google fonts. The User is responsible for proper use of each font under its license Terms in each particular case.
The Services are protected by copyright laws around the world. All such rights are reserved. Users will respect the industrial and intellectual property rights of FontBase. Users acknowledge and agree not to have any right, title or interest over those intellectual property rights, nor have right to use, except to the extent permitted under these TOS. Consequently, none of the rights or obligations conferred or assumed under this Terms of Service will be construed as an assignment or license, in whole or in part, of the industrial and intellectual property rights over the Services. It is expressly prohibited to reproduce, distribute, modify, transfer, communicate or make available to the public, extract, reuse, resend and in any other manner use by any means the Services or any of the parts or elements thereof (including, but not limited to text, design, graphics, information, data, logos, etc.).
It is expressly prohibited to access or obtain the information, materials or content of the Services through means or procedures other than those which, if any, have been made available to users or have been indicated for this purpose. You acknowledge that no title to the intellectual property in the Services is transferred to You. You further acknowledge that title and full ownership rights to the Services will remain the exclusive property of FontBase.
You are entirely responsible for all activities that occur under Your account. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services.
FontBase expressly disclaims any warranty for the Services. FontBase undertakes to comply with the security legal obligations and to adopt all security measures that are mandatory under applicable law. However, FontBase cannot and does not warrant that internet transmissions are completely private or secure, that any information may not be read or intercepted by others, or that there will not be any viruses, other harmful elements in the content. Correlatively FontBase cannot accept any liability deriving there from.
FontBase excludes liability for the content that users send to FontBase via email or any other means, therefore, the users being liable for content or contributions sent by them. Similarly, FontBase is not liable for the use that users make of the content of the Services or their passwords, and any other material contained on the Services that potentially constitutes a violation of any regulations, national or international, of the rights of intellectual property or other rights of third parties. Similarly, FontBase will not be held liable for any possible security errors that may occur through the use of outdated versions of browsers, or for any consequences that may arise from either by improper configuration, computer virus or any other cause not directly related to FontBase. FontBase does not guarantee the absence of viruses or other similar elements in the fonts files, downloaded to the FontBase App which may cause alterations in the Users’ information systems, electronic files.
“As is” and “As available”
FontBase does not guarantee whether expressed or implied that the Service including the App, will always be available or be uninterrupted. The Services may have bugs and errors, the content can be inaccurate and sometimes not up-to-date. We care a lot about our users and we are constantly developing and improving the Services. The App updates automatically when we release a new version, and the updates can not be turned off.
Accordingly, FontBase does not guarantee the reliability, availability or continuity of the Services, the content or the Services, and FontBase cannot be held liable for any loss or damage arising under or in connection with the use of, or inability to use the Services or the discontinuance or unavailability of the Services. In any case, whatever their cause to the extent permitted by the applicable law, FontBase shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss of profits, damages of any kind that may result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, stored, made available or received, obtained or accessed through the Service.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FONTBASE SHALL BE LIABLE WHATSOEVER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, AND/OR LOSS OF PROFIT, DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN ANY EVENT, FONTBASE’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR TOTAL AMOUNT PAID BY THE USER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
Liability of the User
Each User is responsible for costs and damages caused by the use of the Services by any third party using his/her password due to careless use or loss of it by a User. Users are obliged to use the Services in a diligent, proper and lawful manner and, in particular, agree to refrain from behavior including but not limited to the following:
- (a) use of the Services in a manner that results in activity which is illegal, immoral or against best practices or public order;
- (b) use of the Services in a way that breaches any applicable local, national or international law;
- (c) reproducing, duplicating, copying, reselling or distributing any part of the Services or the content, or allow public access to them through any form of public communication, or transform or modify it;
- (d) infringing intellectual or industrial property belonging to FontBase or third persons;
- (f) using the Services and its content for any advertising purposes, communications for direct marketing purposes or for any other commercial purpose, unsolicited or unauthorized advertising and promotional material or any form of similar solicitation, unsolicited messages or addressed to a number of people, or otherwise disclose such information without the authorisation of the FontBase;
- (g) attempt to gain unauthorized access to the Services or our computers, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality or security of the Services;
- (h) knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, junk mail, pyramid schemes, keystroke loggers, spyware, cancel bots, flood pings, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- (i) harvest or otherwise collect information about users, including email addresses, without their consent;
- (j) present false information about us or the Services, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Services;
- (k) resell or similarly exploit the Services.
Users are liable for damages of any kind that Fontbase may suffer directly or indirectly as a result of any breach of these Terms of Services. FontBase is not responsible if the User use any of the font in illegal way, violating font licenses agreement.
In case of above violation, FontBase reserves its rights to withdraw Awesome subscriptions without refunds; issue of a warning to the User or to use Legal proceedings against the User for reimbursement of all costs on an indemnity basis resulting from the breach; disclose of such information to law enforcement authorities as reasonably necessary and to the extent permitted by law.
FontBase will not be held liable for any interruptions in the Services, delays, errors, malfunctions and, in general, any other problems that originate from causes beyond the reasonable control of FontBase. Force Majeure is understood to include those events, such as failures of third parties, service companies, acts of government, lack of access to third-party networks, acts or omissions by public authorities, those produced as a result of natural disasters, power outages, and the attack by hackers or other third parties to the security or integrity of the system.
Keeping the Services Available
We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide the User with advance notice, if we think it may exceed five (5) continuous minutes. FontBase reserves the right to temporarily terminate the users’ access to the Services at any time and without notice, for technical, security, maintenance or power failure reasons or any other reasonable cause.
Changes to these Terms of Services and Services
The TOS will be enforced to the fullest extent permitted under applicable law. If any provision of the TOS is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the TOS will remain in effect.
You may not assign any of Your rights or delegate Your obligations under these TOS, whether by operation of law or otherwise, without the prior written consent of Us (not to be unreasonably withheld).
All rights reserved.