Fontsy is run by FONT BUNDLES LTD
TERMS AND CONDITIONS OF USE
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ON WHICH FONT BUNDLES LTD PROVIDES YOU WITH ACCESS TO HTTPS://FONTSY.COM/ (“WEBSITE”, “SITE”) AND ANY OF THE PRODUCTS OR SERVICES LISTED ON THE WEBSITE. ADDITIONAL TERMS AND CONDITIONS AT SECTION A APPLY TO THE PURCHASE OF OUR PRODUCTS AND SERVICES. PLEASE READ THESE TERMS AND THOSE IN SECTION A VERY CAREFULLY BEFORE USING THE WEBSITE AND ORDERING PRODUCTS OR USING SERVICES OFFERED BY US. YOU ACKNOWLEDGE THAT BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE WEBSITE.
These terms were most recently updated on 12/04/2020
WHO WE ARE AND HOW TO CONTACT US
https://fontsy.com is a site operated by Font Bundles Ltd (“We”). We are registered in England and Wales under company number 09966437 and have our registered office at 68 Liverpool Road, Stoke-On-Trent, United Kingdom, ST4 1BG. Our main trading address is 68 Liverpool Rd, Stoke-on-Trent, ST4 1BG, United Kingdom.
To contact us, please email email@example.com
BY USING OUR SITE YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
If you purchase goods from our site, our Terms and conditions of supply in Section A will also apply to the sales.
If you are a designer and interested in marketing your fonts and design products, our designer terms and conditions will apply.
If you are an affiliate from our affiliate programme, our affiliate terms and conditions will apply https://fontbundles.net/affiliate-terms-conditions.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
ASSURANCES WE REQUIRE FROM YOU
By accessing our site, you warrant that:
if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the site is in accordance with these terms;
you have capacity to agree to these terms and enter into binding contracts; and
you are not in any way prevented by law in the country which you are currently located to enter into these terms.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
You may access our site as a guest or a registered user (“Registered User”).
If we offer you the facility to become a Registered User, you may be required to complete and submit the online registration form on the site. By applying to become a Registered User you consent to us conducting verification and security procedures in respect of the information provided in the registration form. As a Registered User you may be able to access additional features of our site, including without limitation the opportunity to view previous purchases and the option to communicate with designers and organisations registered with us.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
This website may include information and materials uploaded by other users of the site, including access to community features or functionality . This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us using the contact details provided above.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in this document.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
UPLOADING CONTENT / USING OUR MESSAGING SYSTEM
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out herein.
You shall not submit to appear on the site any information, comments, images, product reviews, third party URL links or other material whatsoever in any format (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
harass or advocate harassment of another person;
display pornographic or sexually explicit material;
promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
promote any illegal activities;
provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
promote or contain information that you know or believe to be inaccurate, false or misleading;
engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
infringe any rights of any third party.
You warrant that any such User Submission does comply with these terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the our site. You agree that we may, at our sole discretion, choose to display or remove any User Submission or any part of the same that you make on our site.
Any User Submission made to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights You Are Giving Us to Use Material You Upload.
We also have the right to disclose your identity to any third party who is claiming that any User Submission made to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
In the event that you have a dispute with any other user of the site, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us a non-exclusive, perpetual, irrevocable, worldwide licence to use the User Submissions for the purpose of performing our obligations in these terms and making them available to other users of our site.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to any page of on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Unless we agree otherwise, You must not establish a link to our site in any website that is not owned by you other than social media websites.
Our site must not be framed on any other site, you may link to any public part of our site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms. If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
FONT BUNDLES LTD
TERMS AND CONDITIONS FOR THE SUPPLY OF DIGITAL CONTENT
THIS SECTION A SETS OUT THE ADDITIONAL TERMS AND CONDITIONS ON WHICH FONT BUNDLES LTD PROVIDES YOU WITH ANY OF THE PRODUCTS OR SERVICES LISTED ON HTTPS://FONTBUNDLES.NET OR HTTPS://DESIGNBUNDLES.NET. THESE TERMS AND CONDITIONS ONLY APPLY TO YOU IF YOU PURCHASE ANY OF THE PRODUCTS OR SERVICES ON OUR WEBSITE.
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE WEBSITE AND ORDERING PRODUCTS OR USING SERVICES OFFERED BY US. YOU ACKNOWLEDGE THAT BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE WITH YOUR USE OF THE WEBSITE.
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
INFORMATION ABOUT US AND HOW TO CONTACT US
How to contact us. You can contact us by or by writing to us at firstname.lastname@example.org Font Bundles Ltd, 68 Liverpool Rd, Stoke-on-Trent, ST4 1BG, United Kingdom.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we have not been able to successfully obtain payment from you.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
OUR RIGHTS TO MAKE CHANGES
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
PROVIDING THE PRODUCTS
When we will provide the products. We will make the digital content available for download by you as soon as we accept your order.
We are not responsible for corrupted or missing products. If the product supplied to you is corrupted or missing, you should let us know as soon as possible. We will try to rectify any corrupt or missing product as soon as practically possible. If we are unable to rectify such an issue within a reasonable period of time, you may contact us to end the contract and we will refund any sums you have paid.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 5).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.6).
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11 if you are a consumer;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). Your right to change your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may not apply in the case of digital content purchased which has been downloaded. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products (for example our fonts) after you have started to download these; and
(b) services, once these have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. If you have bought digital content for download (for example a font or a font bundle) you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered or downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. You can contact customer services by email at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment . However, we may make deductions from the price, as described below.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then, your refund will be made within 14 days of your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) we consider you to be in breach of these terms;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(d) you do not, within a reasonable time, allow us to supply the products to you.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product(s). We may state the withdrawal date on the website or, if we provide you with a subscription services, we may write to you to let you know that we are going to stop providing the product(s). We will let you know in advance of our stopping the supply of the product(s) and will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at firstname.lastname@example.org or write to us at Font Bundles Ltd, 68 Liverpool Rd, Stoke-on-Trent, ST4 1BG, United Kingdom
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says digital content (for example a font) must be as described, fit for purpose and of satisfactory quality:
(a) if your digital content is faulty, you’re entitled to a repair or a replacement.
(b) if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and
(c) if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product which may include VAT (or its equivalent in other countries), depending on where you are purchasing our products from) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay. We accept payment via PayPal or by online card payment. You must pay for the products before you download them.
Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
Our maximum aggregate liability to you. Subject to clause 13.2, our maximum aggregate liability to you under or in connection to any contract between us will be limited £50.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) defective products under the Consumer Protection Act 1987.
Subject to clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500
YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY US IF YOU ARE A BUSINESS
You hereby indemnify us against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provisions under these terms and conditions.
Ownership of intellectual property. All intellectual property rights in or arising out of or in connection with the purchase of our products shall continue to be owned by us and our licensors.
If you have purchased digital content from our website and have chosen our premium licence. We hereby grant to you a worldwide, non-exclusive, non-assignable, non-sublicensable, royalty-free, perpetual (unless terminated by us in accordance with these terms) licence to use the digital content for the following purposes:
(a) for personal use, which includes creating projects for yourself, family members and friends; and
(b) for commercial use, which includes:
(i) creating, distributing and printing flyers to sell at craft fairs and/or online and/or to your customers;
(ii) using the digital content in a mobile application;
(iii) using the digital content in one piece of software, such as Adobe Illustrator, to make an ‘end product’ for sale;
(iv) for web fonts, up to a total of 100,000 page views per month;
(v) use in one eBook or printed book; and
(vi) use in online videos, up to 100,000 views per month.
If you have purchased a premium licence, you cannot:
(a) distribute the original digital content in any manner;
(b) allow more than one user to make use of the digital content;
(c) use the digital content to feature in TV, film, music videos or any other broadcast production;
(d) convert the digital content into a different format without our written consent; or
(e) use the digital content to create a project for sale if that project consists of only letters and numbers.
If you have purchased digital content from our website and have chosen our corporate licence. We hereby grant to you a worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to use the digital content:
(a) to create an unlimited amount of projects for personal or commercial use within one organisation or any platform or print on demand service;
(b) to create customisable items on any platform or print on demand service;
(c) to feature in one music video, TV episode film or other broadcast production;
(d) in web fonts, with unlimited pages views and to feature on any website; and
(e) in an unlimited number of eBooks and printed book titles.
If you have purchased a corporate licence, you cannot use the digital content for the following purposes:
(a) distribute the original digital content in any manner;
(b) allow another company to use the digital content; or
(c) convert the digital content into a different format without our written consent.
You agree not to infringe upon our or our licensor’s intellectual property. You agree that you shall not cause or permit anything to be done which may infringe, damage or endanger any of our or our licensor’s intellectual property rights and all other rights of whatever nature in any jurisdiction.
You agree to notify us of any infringement or alleged infringement. You agree to immediately notify us in writing giving full particulars if any of the following matters come to your attention:
(a) any actual, suspected or threatened infringement of the our or our licensor’s intellectual property rights;
(b) any claim made or threatened that our or our licensor’s intellectual property rights infringes the rights of any third party; or
(c) any other form of attack, charge or claim to which our or our licensor’s intellectual property rights may be subject.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.