WEBSITE TERMS AND CONDITIONS for www.fontark.net (FontArk)
These terms of use govern your use of our site. Please read these terms in full before you use this Website. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.
WEB SITE ACCESS
1.1 It is not necessary to register with us in order to use most parts of this Website. However, particular areas and services of this Website will only be accessible only if you have registered and or purchased the service.
USE OF WEBSITE
1.2 This Website may be used for your own private purposes and in accordance with these terms of use.
1.3 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
SITE UPTIME
1.4 All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in Website downtime but we shall not be obliged to provide such notice.
LINKS TO AND FROM OTHER WEBSITES
1.6 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
1.7 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.8 By linking to this Website you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
DISCLAIMER
1.9 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and / or up to date.
1.10 All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
EXCLUSION OF LIABILITY
1.11 We do not accept liability for any loss or damage that you suffer as a result of using this Website.
1.12 FontArk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Your content may be transferred unencrypted and involve transmissions over various networks; and /or stored on shared storage with other internet services.
1.13 You expressly understand and agree that FontArk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FontArk has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; and (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
1.14 FontArk does not warrant that (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the Service will be corrected.
LAW AND JURISDICTION
1.15 These terms of use are governed by Israeli law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of Israel. Any claim or dispute between you and FontArk that arises in whole or in part from the FontArk Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel.
OWNERSHIP OF CONTENT
1.16 FontArk does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:
In respect to content (such as Fonts, Logotypes and designs) created and/or uploaded to the Website by a FontArk User the owner of such content shall be considered as the FontArk User listed as the owner of the FontArk account under which the content has been created or uploaded to the Website;
To remove any doubt, the identity of the person or entity that has paid FontArk for any Charged Services shall not be considered by FontArk as creating any ownership or other rights in or in relation to such Font or design;
FontArk shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
INTELLECTUAL PROPERTY RIGHTS
1.17 The Content on the FontArk Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, FontArk uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a FontArk document). FontArk reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the FontArk Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FontArk Website or any of the Content therein.
USER CONTENT
1.18 The FontArk Website permits the submission and uploading of Content submitted by you and other users (“User Content”) and the storing, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, FontArk does not guarantee any protection with respect to such User Content.
1.19 YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT FONTARK, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU CREATE, UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. FONTARK DOES NOT CONTROL THE CONTENT CREATED AND POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
1.20 WHILE FONTARK IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, FONTARK RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT FONTARK DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
1.21 FontArk does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the FontArk website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the FontArk Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on such publicly accessible areas of the FontArk Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by other users of the FontArk Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the FontArk Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by FontArk).
1.22 IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (a) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT FONTARK AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (b) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE FONTARK OR ANY THIRD PARTY; (c) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (d) IMPERSONATE ANOTHER PERSON.
If you become aware of misuse of the FontArk Services by any person, please report about it to contact@fontark.net.
FontArk does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and FontArk expressly disclaims any and all liability in connection with User Content.
SOFTWARE LICENSE RESTRICTIONS
1.23 The Software and any content thereof, is the proprietary product of FontArk or its licensors and is protected by copyright laws and international copyright treaties, as well as other Israeli and international laws. You agree that You shall not (and shall not permit any third party to): (a) copy all or any portion of the Software; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Software; (c) disclose, distribute or otherwise make available the Software to any third party; (d) rent, lease, loan, sub-license, sell, assign or otherwise transfer the Software; (e) modify, adapt, translate or attempt to hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by FontArk; or (f) reverse engineer, disassemble, alter, duplicate, modify, make copies, create derivative works from, distribute or provide others with the Software in whole or part; (g) use automated means, including scripts, batch files, emulators or any others means, to control the operation of the Software.
BETA TEST WARNING
1.24 Please note that the FontArk Website and services are currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of, and agreement to, participate in the Service BETA testing.
BETA CREDITS
1.25 Each Signed-up user receive 100 FontArk Beta-credits free of charge, each credit enables 1 font download. These Beta-credits are given to signed-up users for the purpose of evaluating FontArk’s services. FontArk saves the right to cancel, limit, reduce, delete and or reset to 0 FontArk Beta-credits at any time without prior notice. (FontArk will do its best to inform its users personally or publicly via publications on the site in advance before such action but is not committed to doing so).
CHANGE OF TERMS
1.26 FontArk is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality of the Service, the Site the Software and/or the Applications, without prior notice.
OUR DETAILS
Our business’s name is: FONTARK LTD.
Our contact details are: contact@fontark.net
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