TERMS OF SERVICE
We reserve the right to modify and update the TOS from time to time. We will post notice of any such modifications on this Website. You can always review the most recent TOS at http://www.typography.com/home/terms.php. The Website will be governed by the then-current version of the TOS at the time of your use. If you use the Website after any such modification or update to the TOS, you consent to those modifications or updates. Modifications will not be applied retroactively.
We may also, from time to time, add additional products, features, or services or modify, suspend, or discontinue certain existing products, features, or services available on the Website. New or modified products, features, or services will be governed by this Agreement, as well as any applicable agreement published in connection with those products, features, or services (such as a EULA, or a new terms of service document). H&Co will not be liable to you or any third party for suspending or discontinuing any product, feature, or service.
You acknowledge and agree that you bear the entire risk of use of this Website and all products and services contained herein.
Eligibility. To use the Website, you must be (i) eighteen (18) years of age or older, and (ii) be able to form binding contracts under the laws applicable to you. By using the Website, you are representing and warranting that both (i) and (ii) above are correct. If you are between the ages of 13 and 18 (or the applicable age of majority in your jurisdiction), you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this TOS. If you are under the age of 13, you may not use the Website. The Website is based in the United States, and intended for U.S. users. Users from outside of the U.S. use the Website at their own risk, and users are responsible for compliance with any local laws applicable to their use of the Website.
Registration. You may use the Website without registering. However, certain services, such as the Cloud.typography service, require the creation of a user account. If you choose to register, you must provide an email address and create a password. You are responsible for all actions taken using your account; accordingly, you must keep your account information and password private and not share them with third parties. You are responsible for notifying us if your account has been used without your authorization. To do so, please contact us at firstname.lastname@example.org.
Cloud.typography Terms of Service. The Cloud.typography service offered on the Website is governed by the Cloud.typography Terms of Service, which set forth the applicable rules and terms for subscribers. You will not be able to subscribe to the Cloud.typography service without agreeing to the Cloud.typography Terms of Service. For the sake of clarity, this Agreement does not cover the Cloud.typography service.
Font EULAs. All use of the font software offered on the Website is governed by the terms of the applicable End User License Agreement (“EULA”) that accompanies or is included with such software. You will not be able to download or install any font software without agreeing to the terms of the applicable EULA. Depending on the number of devices you wish to obtain a license for, among other factors, your EULA may be either a click-through agreement available on the Website or a paper contract. For the purposes of clarity, this Agreement does not cover font licensing.
Limited License. Subject to the terms of this Agreement, H&Co hereby grants you a limited, revocable, non-transferable, non-exclusive right and license, without the right of sublicense, to access and use the Website and to reproduce, distribute, and display only those items of H&Co Property that are made available to you through the Website, for the sole and express purpose of using the Website pursuant to the Terms of this Agreement. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the pages of this Website as long as the link does not portray H&Co, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any H&Co logo or other proprietary graphic or trademark as part of the link without express written permission of H&Co. This Agreement does not grant you any right, title, or interest in or to the H&Co Properties, other than the grant of rights expressly provided in this Agreement. All rights not granted by this license are expressly reserved.
Site Usage and User Responsibility. You agree to use the Website for lawful purposes only. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, any H&Co Property (defined below), or any portion thereof for any commercial purpose without the express written consent of H&Co. You may not use the Website in any way that may, in H&Co’s discretion, damage or disable H&Co systems or equipment, or interfere with other users’ ability to access and use the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website or any systems or networks connected to the Website or any H&Co server or system by hacking, password “mining” or any other means, or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website.
Additionally, you hereby acknowledge and agree that you will not:
- Create any customization, variant, adaptation or derivative work of any H&Co Property, or modify (or attempt to modify) any H&Co Property in any manner;
- Install or use any H&Co Property on any computer, any web server, or in any manner that allows any Person or computer to access the H&Co Property other than as expressly provided for in this Agreement, including, without limitation, causing the H&Co Property to be displayed on a web page using the CSS @font-face rule; or permit or enable any other Person or Computer to use the H&Co Property in any way;
- Take any action that interferes with or disrupts (or attempts to interfere with or disrupt) the Service, or any H&Co Systems;
- Modify any website so as to falsely imply that it is associated with H&Co;
- Transmit or disseminate (or attempt to transmit or disseminate) any malicious code, files, or programs, including software code or computer worms, that may interrupt, destroy or limit the functionality of the Service, H&Co Systems, or any other computer software, hardware or telecommunications equipment;
- Alter, remove, or obscure H&Co’s proprietary notices, including copyright, trademark, or other legal notices in any H&Co Property;
- Extract, decompile, modify, reformat, translate, reverse-engineer, assemble, re-digitize, or discover the source code of, or remove or disable any security feature of, any H&Co Property; and
- Embed or incorporate any H&Co Property into any document, medium, application, software, product, or service, without a license expressly granting the right to do so.
Any unauthorized use immediately terminates the permissions or licenses granted by H&Co.
Intellectual Property. All content included on this Website, including all text, images, fonts, graphics, logos, button icons, digital downloads, data compilations, page designs, navigation systems, and software, as well as the overall structure and “look and feel” of the Website, the typefaces, the Trademarks, and all of H&Co’s fonts, designs, software, trademarks, copyrights, or other intellectual property, and all other related items of H&Co intellectual property made available to you (collectively, the “H&Co Property”), are the property of H&Co or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of H&Co and protected by U.S. and international copyright laws. The content may not, except under written license, be copied, reproduced, transmitted, displayed, performed, sold, offered for sale, transferred, assigned, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without H&Co’s prior written consent, except to the extent such use is authorized under the United States copyright laws. All software used on this Website is the property of H&Co or its software suppliers and is protected by United States and international copyright laws.
You acknowledge and agree that H&Co is and will be the exclusive owner of all worldwide right, title, and interest in and to the H&Co Properties and the Service, including, without limitation, all copyright, patent, trademark, trade secret, and other intellectual property rights, in and to the H&Co Properties and the Service. Any and all modifications, customizations, variations or adaptations to the H&Co Properties or Service, regardless of origin, shall automatically be deemed to be included in the definition of “H&Co Properties” and/or “Service” as applicable hereunder and shall become part of, and subject to, this Agreement.
You agree not to challenge H&Co’s rights in or to the H&Co Properties, the Service, or the validity of any intellectual property or other right of H&Co therein, or to infringe H&Co’s rights therein.
Trademarks. Acropolis, Addison, Albemarle, Amerine, Arbeiter, Archer, Archipelago, Argosy, “Ask H&FJ”, Aventine, Bayside, Belcanto, Bezique, Canary, Caravel, Carbide, Cavendish, Celadon, Champion Gothic, Chancellor, Chiliad, Chronicle, Claimcheck, Cloud.typography, Conestoga, Corlear, Corvus, Cyclone, Decameron, Delancey, Deluxe, Depot, Deuce, Didot, Dioxin, Dividend, Dossier, Dulcet, Elzevir, Emporium, Energy, Engram, Equator, Eugenie, Euterpe, Exchange, Exchequer, Faubourg, Feldspar, Fetish, Formula, Forza, Fulton, Galvano, General, Gestalt, Giant, Gingerbread, Gotham, Governor, Gramercy, Grazia, Greenback, Guardian, H&Co, H&FJ, “H&FJ Suggests”, Hammersmith, The Historical Allsorts, Hoefler & Co., Hoefler & Frere-Jones, Hoefler Titling, HTF, HTF Didot, HTF Hoefler Text, Ideal Sans, Idlewild, Indicia, Inferno, Intrepid, Isoline, Isotope, John Bull, Jonquil, Jupiter, Kapellmeister, Knockout, Knox, Lacuna, Landmark, Latin-X, Lever Sans, Leviathan, Lispenard, Longacre, Lumiere, Lyra, Madeira, Mallory, Mansard, Marchese, Mazarin, Mercer, Mercury, Monarch, Muse, Nation, Neptune, Neutrino, Neutron, “News, Notes & Observations”, Nitro, Novena, Numbers, Oberon, Odeon, Oratorio, Panorama, Parsec, Patois, Pavisse, Phemister, Pitchblende, Plainsong, Pointblank, Pollux, Premium, Printwell, Prospekt, The Proteus Project, Protocol, Quadrille, Quantico, Redbird, Register, Renegade, Republic, Requiem, Retina, Revenue, Saracen, ScreenSmart, Sentinel, Sequel, Shades, Sovereign, Supplanted, Surveyor, Topaz, Trafalgar, Tribune, Troubadour, Tungsten, Uranium, Valois, Valuta, Varick, Veloce, Velocity, Verlag, Versa, Vicenza, Villanelle, Vitae, Vitesse, Welo Script, Whitehall, Whitney, Yarborough, Ziggurat, Zinc, and typography.com (collectively, the “Trademarks”) are trademarks of H&Co and may be registered in certain jurisdictions. All other trademarks are the property of their respective holders. All goodwill that may become attached to H&Co’s trademarks as a result of your use of the Website shall inure to the exclusive benefit of H&Co. You shall refrain from using H&Co’s trademarks as part of any corporate, trade, or firm name or style of yours. You shall not create a combination mark consisting of any of H&Co’s trademarks with the proprietary marks of any other person or entity. You shall not take any action that could reasonably be expected to impair the registrability, validity, or enforceability of any of H&Co’s trademarks, nor shall you attempt to register, use, or aid any third party in attempting to register or use, in any jurisdiction, any trademark or service mark which may, in the reasonable opinion of H&Co, infringe or otherwise violate H&Co’s rights to its own trademarks.
Product Descriptions and Prices. H&Co attempts to be as accurate as possible. However, H&Co does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Prices are subject to change without notice.
Third Party Links. The Website may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The presence of any such links does not mean that H&Co endorses these sites. You acknowledge and agree that H&Co is not responsible or liable for the content or accuracy of any other site.
Disclaimer of Warranties; Limitation of Liability. This Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website are provided by H&Co on an “as is” and “as available” basis, unless otherwise specified in writing. H&Co makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, H&Co disclaims all warranties, express or implied, including but not limited to, any warranties of non-infringement, merchantability and fitness for a particular purpose. H&Co does not warrant that this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, H&Co’s servers, or any email sent from H&Co are free of viruses or other harmful components.
H&Co will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, including any lost profits or lost savings, loss of goodwill, business interruption, work stoppage, loss of data, computer failure, damage or malfunction, or for any claim by any party, even if H&Co has been apprised of the possibility of such damages, and regardless of the theory upon which such claim is based (including contract tort, strict liability, negligence or otherwise), unless otherwise specified in writing. Your sole and exclusive remedy for any dispute with H&Co is the cancellation of your account. H&Co’s total cumulative liability for all claims related to your use of this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website will not exceed $100.00. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. If you are a California resident, you hereby waive your rights with respect to California Civil Code Section 1452, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The disclaimers of warranty and liability set forth in this Section constitute an essential part of this Agreement.
Indemnification. You, at your sole expense, shall indemnify H&Co, its agents, employees, officers, directors, shareholders, advisors, successors, and assigns and any of their affiliates, and hold them harmless against all losses, damages, claims, expenses (including, but not limited to, third party claims and attorneys fees and court costs) (any of the foregoing, a “Loss”) arising out of or resulting from: (i) any use of the Website by you or via your account, (ii) any breach of this Agreement by you or via your account or (iii) violation of any rights of a third party, by either you or someone else using your account. Your indemnification obligation does not apply to Losses resulting entirely from H&Co’s gross negligence or willful misconduct.
Termination. H&Co reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. H&Co reserves the right to suspend your account for any reason at any time.
Survival. Terms that by their nature survive termination shall survive the termination of this Agreement.
Assignment. We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company. You may not assign, transfer, or sublicense this Agreement to anyone else. Any attempt by you to assign this Agreement will be void ab initio.
Force Majeure. H&Co shall not be liable for damages resulting directly or indirectly from acts of nature, forces or causes beyond H&Co’s reasonable control including, but not limited to: internet failures, network failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, acts of God, terrorist action, acts of civil or military authority, government actions, fires, epidemics, riots, wars, sabotage, insurrections, labor shortages, or disputes.
Governing Law; Jurisdiction and Venue. This Agreement and all rights and obligations under this Agreement shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of New York (the “State”), but without regard to its conflicts of laws or choice of forum rules. Licensee hereby irrevocably submits to personal jurisdiction in the State and to the non-exclusive jurisdiction of any New York state or federal court sitting in the City of New York over any legal suit, action, or proceeding arising out of or relating to this Agreement or the relationships created by or under this Agreement (“Action”). Jurisdiction and venue of any Action shall, at the election of H&Co, be in (and if any Action is originally brought in another venue, the Action shall at the election of H&Co be transferred to) a state or federal court of appropriate jurisdiction located in the State. Licensee hereby waives and agrees not to assert, as a defense to any Action or a motion to transfer venue of any Action, any claim (a) that it is not subject to such jurisdiction; (b) that any Action may not be brought against it or is not maintainable in those courts; (c) that this Agreement may not be enforced in or by those courts; (d) that it is exempt or immune from execution; (e) that the Action is brought in an inconvenient forum; or (f) that the venue for the Action is in any way improper.
No Waiver. No failure by either party to object to any breach of any provision of this Agreement shall constitute a waiver of such provision, a waiver of any other breach, or a waiver of any other provision of this Agreement.
Severability. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof. To the fullest extent permitted by law, if any provision of this Agreement, or the application thereof to any Person or circumstance, is invalid or unenforceable (a) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (b) the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected by such invalidity or unenforceability.