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Terms of Use

Website Terms of Use
Last Updated or Modified: October 31, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE OR CLICKING TO ACCEPT AND AGREE TO BE BOUND SHALL BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

1. Acceptance of the Terms of Use

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are a legally binding contract between you and Coast to Coast, LLC, doing business as So Fontsy (the “Company”, “So Fontsy”, “we” or “us”). They govern your access to and use of SoFontsy.com, including any content, functionality and services offered on or through SoFontsy.com (the “Website”), whether as a guest, customer, seller, or other registered user (“User” or “you”). By using this site or by clicking to accept or agree to these Terms of Use, you accept and agree to be bound by these Terms of Use and our Privacy Statement, incorporated herein by reference.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

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:

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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us , at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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.

All Sellers and Items must comply with the Content Standards set out in these Terms of Use. The following are additional rules and information for Sellers:

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:

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.

No right, title or interest in or to the Website or any content on the Website is transferred to you by these Terms of Use, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other 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:

Except as otherwise provided for in the General Commercial Use License contained in these Terms of Use, you must not:

7. Trademarks

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.

A.            Permissible Uses:

 

B.             Impermissible Uses

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 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.

11. Indemnification

You agree to defend, indemnify and hold harmless the Company (including any of the Company’s employees, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any purchase or sale of any Items from the Website, and any other use of the Website’s content, services or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

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.

12. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

You agree not to:

13. Monitoring and Enforcement: Termination

We have the right to:

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, including, without limitation, in individual Designer Shops. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14.
Copyright Infringement & DMCA Agent Contact Information

In consideration of the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is the policy of the Company to expeditiously assist you if you believe that any Item has violated your copyright. If we become aware that one of our Sellers or Designer Shops is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the account privileges of that Seller or Designer Shop.

The Company’s designated agent to receive notices of copyright infringement (a “Notice”) is Will Haley, and may be contacted at [email protected]. You may also contact this agent if you wish to counter a Notice (a “Counter Notice”) submitted against you, or if you would like to withdraw a Notice you previously submitted to the Company.

To be effective, the Notice must include the following:

Following receipt of the Notice containing the information outlined above, the Company will make a timely notification to the U.S. Copyright Office in accordance with the DMCA, and will remove or disable access to the material that is alleged to be infringing and forward the Notice to the alleged infringer, or otherwise take reasonable steps to promptly notify the alleged infringer that the Company has removed or disabled access to the allegedly infringing material.

To be effective, a Counter Notice must be a written communication provided to the Company’s designated agent at the above-provided address that includes substantially the following:

 

Following receipt of the Counter Notice containing the information outlined above, the Company shall provide the complaining party with a copy of the Counter Notice within a commercially reasonable time and inform the copyright owner or authorized agent that the Company will replace the removed material or cease disabling access to it within 14 business days. If the Company’s designated agent has not received notice from the copyright owner or his or her authorized agent within 10 business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, the Company shall restore the allegedly infringing material.

15. Third Party Content

This Website includes content provided by third parties, including materials provided by any Seller. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. Changes to the Website

We, or approved contributors to this Website, may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Any of the material offered in a Designer Shop may not be available at any given time, and we are under no obligation to ensure such material is available.

17. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

18. Online Purchases and Other Terms and Conditions

All purchases through this Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by these Terms of Use, including our General Commercial Use License, and by individual Seller Policies.

19. Payment, No Refunds

Please refer to each Seller or Designer Shop for terms of payment for any Item.

Because you will receive a digital copy of an Item purchased, all Items are sold “as is”. You assume the responsibility for your purchase. Except as otherwise required by law, there will be no refunds for any Item, subscription or memberships purchased through this Website.

20. Linking to the Website and Social Media Features

You may link to our homepage or, if you are a Seller, to your Designer Shop, provided you do so in a way that is fair and legal, does not damage our reputation, and does not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.

This Website may provide certain social media features that enable you to:

 

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, including without limitation the terms of our Affiliate Program. Subject to the foregoing, you must not:

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

21. Links on the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

22. Geographic Restrictions

The owners of the Website are based in the states of California and Massachusetts. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

23. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any choice or conflict of law provision or rule. You and we agree that the appropriate, exclusive and convenient forum for any disputes related hereto shall be in any state or federal court located in the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or residence or any other relevant country. YOU AND WE HEREBY IRREVOCABLY WAIVE ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS, AND WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THESE TERMS OF USE.

24. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising form or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration before a sole arbitrator under the Rules of Arbitration of the American Arbitration Association.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

27. Entire Agreement

These Terms of Use, our Privacy Statement, and, for Sellers, your Seller’s Agreement, constitute the sole and entire agreement between you and So Fontsy with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

28. Your Comments and Concerns

This website is operated by Coast to Coast, LLC, 523 Capitol Trail, Suite C, Newark, Delaware 19711 (Attn: Ryan Walsh, CPA, Registered Agent).

All notices of copyright infringement claims should be sent to the copyright agent designated above in the Copyright Infringement & DMCA Agent Contact Information section of these Terms of Use, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].