Nuar Technology Ltd., and its affiliates (the "Company", "we", "our" or "us") welcome you (the "User(s)", or "you") to our website and its subdomains (collectively, the "Site") and to our online platform for [creation and self-design of fonts] (the "Platform", as further defined below). Each of the Site's and/or the Platform's Users may use them in accordance with the terms and conditions hereunder.
By entering, connecting to, accessing or using the Site and/or the Services (as defined below) and/or the Platform, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: Privacy Policy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or the Services and/or the Platform and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Site and/or the Services and/or the Platform are available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site and/or the Services and/or the Platform in accordance with these Terms, and to fully perform your obligations hereunder.
The Site provides comprehensive information regarding our company, products, services and other activities and also allows Users to subscribe in order to access and use our Platform and serves as portal to our Platform.
The Platform enables its users to leverage their creative and artistic abilities to generate designed fonts using TTF, OTF, and similar file formats, as well as images, GIFs, and other media files, frames, and more, as each user sees fit (the "Platform", and such terms includes any dashboard, algorithms, utility, application programming interfaces, Content, tools, reports and analytics capabilities and any service provided via the Platform, and "Fonts", expletively).
The Site and Platform include certain content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or Platform (collectively, the "Content").
If you would like to receive more information about our products, you can complete a contact form on the Site, which will allow us to send you newsletters and commercial materials.
The Site, the Platform and any services offered via the Site and/or Platform, shall collectively be referred to herein as the "Services".
ALL RIGHTS IN AND TO THE SITE, THE SERVICES, THE PLATFORM AND/OR THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, AND EXCEPT AS EXPRESSLY SET FORTH UNDER THESE TERMS, THE SITE, PLATFORM, SERVICES, FONTS AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THE COMAPNY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE PLATFORM AND/OR THE SERVICES AND/OR FONTS AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE, THE PLATFORM, THE SERVICES, FONTS AND/OR THE CONTENT, IS ENTIRELY AT YOUR OWN RISK.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or the Services and/or the Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
Users who wish to use and access the Platform are required to open an account by providing certain information (the "Account"), to be accessed and/or used solely by yourself. You must provide accurate and complete information for creating an Account and you agree not to misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You must implement and maintain reasonable physical and technical safeguards to maintain and protect the device on which you are using the Platform and your Account. You must not disclose your passwords and the ways of accessing your device to others. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events act in accordance with the Company"s reasonable instructions. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of the Company, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT AND ALL DATA UPLOADED. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Access to the Site and Platform may be provided free of charge, subject to certain limitations, such as limitation on certain functionalities, or duration of such free trial, as set forth on our Site. We may suspend or terminate any free use or free trial subscriptions option to the Platform at any time, at our sole discretion and upon notice to you and reserve the right to charge fees for any use of the Platform at any time. In such case, your Account will be suspended until you purchase a paid-Subscription to the Platform.
Except as set forth above, the use of the Platform may be subject to a monthly/annual subscription, in accordance with the subscription models specified on our Site, as modified from time to time ("Subscription" and "Subscription Terms", respectively). The Subscription Terms are incorporated herein by reference and form an integral part of these Terms. The Subscription will be billed, immediately starting at the time of the Subscription purchase, and your Subscription will renew automatically based on your Subscription plan"s renewal cycle, unless you terminate your Subscription (subject to the Subscription Terms) prior to the renewal date. If you fail to pay your Subscription fees (the "Fees") on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire Subscription may be suspended or cancelled. All payments made hereunder are non-refundable.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against the Company based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
The Company reserves the right to modify the Subscription Terms, Fees and prices for the Platform at any time and at its sole discretion. Such changes will NOT affect your already paid-up Subscription period. Existing Accounts shall receive an email notification of price changes at least thirty (30) days before such change takes place, and the modified Subscription Terms and/or Fees shall come into effect upon the next Subscription renewal cycle.
You can cancel or pause your Subscription at any time, and you can do so via: (a) the settings of your Subscription on the Platform; (b) sending us an e-mail ,that includes the e-mail address you provided us when you signed up to the Platform and/or created your Account, to contact@artifont.com. Any cancelation of your Subscription will come into effect upon the next renewal cycle of your Subscription.
Payments of your subscription will be processed via certain online payment service providers, such as Paypal (Online Payment Processors"). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with the Company. The Company is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.
The Company is under no obligation to provide support, professional services, training, maintenance, modifications or customizations of the Platform under these Terms.
There are certain conducts which are strictly prohibited when using the Site and/or the Services and/or the Platform. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company"s sole discretion) in the termination of your use of the Site and/or the Services and/or the Platform and/or Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the Site and/or the Content and/or the Services and/or the Platform for any illegal, immoral, unlawful and/or unauthorized purposes; (b) remove or disassociate, from the Content and/or the Site and/or the Services and/or the Platform any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (c) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or the Services and/or the Platform and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Site and/or the Services and/or the Platform or the servers or networks that host the Site and/or the Services and/or the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or the Services and/or the Platform; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Site and/or the Services and/or the Platform; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Site and/or the Services and/or the Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company's proprietary rights, including the Company's Intellectual Property (as such term is defined below), in any way or by any means; (j) make any use of the Content and/or the Services and/or the Platform on any other site or networked computer environment for any purpose without the Company"s prior written consent; (k) create a browser or border environment around the Company's Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content and/or the Services and/or the Platform; (m) frame or mirror any part of the Site and/or the Services and/or the Platform without the Company's prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site and/or the Services and/or the Platform; (o) transmit or otherwise make available in connection with the Site and/or the Services and/or the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Site and/or the Services and/or the Platform for any purpose for which the Site and/or the Services and/or the Platform are not intended; and/or (q) infringe and/or violate any of the Terms.
You hereby declare and agree that it shall only use the Platform in a manner that complies with all applicable laws in the jurisdiction in which you use the Platform, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property including copyrights and any other intellectual property rights.
You assume full responsibility and liability for your access to and use of the Site, Platform and/or Services in accordance with these Terms and with applicable local, state, federal, national and international laws, regulations and treaties, and warrant that you have obtained all rights in the User Data (as defined below).
Users may upload to the Platform certain content and information ("User Data"). You hereby grant the Company a limited, sub-licensable (as necessary to perform these Terms), non-exclusive, royalty-free and worldwide license, during your Subscription Term to use the User Data for the purpose of operating the Platform, performance of the Company"s obligations under these Terms, to meet its legal requirements and as otherwise permitted under these Terms. You shall have sole responsibility and liability for the accuracy, quality and legality of the User Data and the means by which you acquired such User Data. You represent and warrant that the User Data has been collected, processed and transferred to the Company in accordance with applicable laws.
You warrant that: (a) you are duly entitled to grant the license granted above; (b) the User Data shall not knowingly contain any type of computer virus or any other component that may disrupt, modify, delete, harm or otherwise impede the operation of the Platform and/or Company"s computer systems; and that (c) the User Data does not and will not infringe, misappropriate or violate any Intellectual Property rights and any other rights of any third party. The Company does not guarantee that the Platform will support all third party services and/or database systems and/or computer systems.
You hereby agree that the User Data is uploaded to the Platform at your sole discretion, the Company does not verify or monitor such User Data and as such you acknowledge that the User Data may contain errors and may be inaccurate and/or incomplete. Your use and reliance on User Data is at your own risk and the Company assumes no responsibility or liability for your reliance on User Data.
User Data shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. You represent and warrant that you are the rightful owner of the User Data you upload to the Platform or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Data.
You understand and agree that you are solely responsible and liable for your User Data and the consequences of uploading such User Data to the Platform. The Company will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Data.
The Company may create limits on the use of the Platform including limitation on size and storage space available for Users to upload User Data. The Platform is not intended to be used as a storage or backup service, and you must retain backups of all User Data. The Company explicitly reserves the right, at its sole discretion, to scan and remove, without giving any prior notice, any User Data which infringes these Terms or applicable law.
The Company may use in any manner aggregated and/or anonymous information which it derives from the use of the Site and/or the Services and/or the Platform and the User Data (i.e., non-identifiable information, aggregated or analytics information), including any scripts, in order to provide and improve Company's products, technologies and services and for any legitimate business purpose (including future research and development activities). The Company is and shall remain the sole and exclusive owner of such analytics information.
THE PLATFORM IS NOT INTENDED FOR STORAGE, BACKUP AND/OR MANAGEMENT OF USER DATA, AND ANY DATA THAT YOU UPLOAD TO THE PLATFORM IS UPLOADED AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MAINTAIN BACKUP COPIES OF ALL USER DATA THAT YOU UPLOAD TO THE PLATFORM. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OF SUCH DATA.
We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or the Services and/or the Platform.
Our policy and practices and the type of information collected via the Site and/or the Services and/or the Platform are described in detail in our Privacy Policy available at [Privacy Policy], which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to the Company in accordance with the Privacy Policy. If you intend to access or use the Site and/or the Services and/or the Platform you must first read and agree to the Privacy Policy. IF YOU INTEND TO ACCESS OR USE THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, YOU MUST FIRST READ AND AGREE TO THE PRIVACY POLICY.
The Site and/or the Services and/or the Platform and/or the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors. The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company"s Intellectual Property under any law.
Subject to the terms hereof, and to the extent that you have purchased or registered for (as applicable) a Subscription (and subject to the terms thereof), the Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited right to access and use the Platform (including the Content) for your internal business needs, in accordance with the terms included in these Terms. It is hereby clarified that you are not granted any rights in respect to the source code or executable code of the Platform.
To the extent you provide any feedbacks, comments or suggestions the Company regarding the Site and/or the Services and/or the Platform or otherwise ("Feedback"), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any the Company current or future services, products, technologies and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any the Company current or future products, technologies or services that incorporate any Feedback.
As of between you and the Company, you will own the script, referred to in Section 12 below. The Company will only be entitled to use such scripts solely in order to provide and improve the Company's products, technologies and services and for any legitimate business purpose, as set forth above in Section 6. Any use by a user of a Third Party Fonts (as defined below) shall be subject to the terms of Section 12 below. AS USERS ARE FREE TO GENERATE FONTS, THROUGH THE PLATFORM, AT THEY SEE FIT, THE COMPANY DOES NOT GUARANTEE THAT THAT A FONT GENERATED BY THE PLATFORM WILL GRANT YOU WITH COPYRIGHT TO SUCH FONTS. ANY USE OF A USER OF ANY FONTS GENERATED BY SUCH A USER WHILE USING THE PLATFORM (INCLUDING ANY DATA, CONTENT, PICTURES AND/OR OTHER FEATURES OR ARTISTIC MATERIAL WITHIN SUCH FONT) IS AT THE USER"S SOLE RESPONSIBILITY AND LIABILITY. Please also read clarify Section 12 below, regarding special provisions relating to the use of Fonts in the Platform.
The Company"s marks and logos and all other proprietary identifiers used by the Company in connection with the Site and/or the Services and/or the Platform (the "Company's Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the Services and/or the Platform belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by the Company and does not portray the Company in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and enter third party sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company, and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, the Company is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. the Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
The Site and/or the Services and/or the Platform may use or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Site and/or the Services and/or the Platform are subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the Services and/or the Platform and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site and/or the Services and/or the Platform or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software.
The Platform may include certain third party fonts, including software, files and components related thereto, that are subject to open source and third party license terms, such as SIL Open Font License, Apache license and/or Ubuntu Font License ("Third Party Fonts"). Without derogating from the provisions of Section 11 above, it is hereby clarified that your right to use such Third Party Fonts as part of, or in connection with the Platform and/or any outputs of the Platform is subject to any applicable acknowledgements and license terms accompanying such Third Party Fonts, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Fonts and these Terms, the licensing terms of the Third Party Fonts shall prevail in connection with the related Third Party Fonts. You acknowledge that the Company is not the author, owner or licensor of any Third Party Fonts, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance, or suitability of Third Party Fonts. Such Third Party Fonts are provided on an "AS IS" basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by their respective third party licenses.
Please note that the Platform may enable you to use scripts, such as CSS, in order to customize and/or modify existing fonts, including Third Party Fonts. Without derogating from the generality of the foregoing, if you use Third Party Fonts for such purposes, your use of the Third Party Fonts is at your own risk, and you hereby acknowledge that you have reviewed each relevant Third Party Font's terms and conditions and further represent that its licensing terms are consistent with your use case and that you have obtained appropriate legal advice, where necessary. If you have any concern relating to the Third Party Font's terms and conditions, you are advised not to rely on such Third Party Font and use your own proprietary fonts, or fonts licensed from third parties independently by you which are compatible with your needs. You assume all risks derived from use of such Third Party Font.
The Platform may produce certain responses and outputs based on processing of the User Data (collectively, "Output"). OUTPUT IS GENERATED BY MACHINE LEARNING CAPABILITIES AND FUNCTIONALITY, AND THE COMPANY MAKES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE OUTPUT.
The Site"s and/or the Services' and/or the Platform's availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site and/or the Services and/or the Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site and/or Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or Platform or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, AND OR THE FONTS AND/OR THE CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "THE COMPANY'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. THE COMPANY AND THE COMPANY'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR THE FONTS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR THE FONTS, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR THE FONTS.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT THE COMPANY WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, (III) THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND THE COMPANY'S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, INCLUDING, WITHOUT LIMITATIONS, THE FONTS (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM WILL MEET YOUR REQUIREMENTS).
YOU AGREE THAT USE OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT AND/OR THE OUTPUT DATA (INCLUDING FONTS) IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES SHALL NOT BE LIABLE, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION), SUFFERED BY ANY PERSON, INCLUDING THOSE ARISING FROM, AND/OR RELATED TO, ANY USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES AND/OR THE PLATFORM AND/OR THE FONTS, AND/OR OUTPUT DATA AND/OR THE CONTENT AND/OR ANY SERVICES PROVIDED HEREUNDER, AND THE ACCURACY OF THE OUTPUT DATA (INCLUDING THE FONTS) AND THEIR RELIABILITY, EVEN IF ANY PERSON OR PARTY HERETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY"S MAXIMUM AGGREGATE LIABILITY TO USER OR TO ANY THIRD PARTY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH THE SITE AND/OR PLATFORM AND/OR CONTENT AND/OR OUTPUT DATA (INCLUDING THE FONTS) AND/OR SERVICES PROVIDED HEREUNDER OR USER'S USE OR INABILITY TO USE THE SITE AND/OR PLATFORM, SHALL IN NO EVENT EXCEED THE HIGHER OF: (A) TOTAL AMOUNT ACTUALLY PAID BY THE USER DURING THE MONTH IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE LIABILITY, IF ANY; OR (B) $10. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless the Company, including the Company's Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or the Services and/or the Platform and/or any Output Data and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or the Services and/or the Platform and/or any Output Data; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Services and/or the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
"Confidential Information" means all information provided by the Company, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, and excluding any information that (i) was rightfully in the possession of, or was known by, the receiving party prior to its receipt from the Company, without an obligation to maintain its confidentiality, (ii) was or has become publicly available without violation of these Terms, as can be shown by written evidence, (iii) is obtained by the receiving party from a third party, without an obligation to keep such information confidential, or (iv) is independently developed by the receiving party without use of the Company"s Confidential Information, as can be shown by written evidence.
Each User will: (a) hold the Company"s Confidential Information in strict confidence, (b) use it only subject to the terms of these Terms, and for the sole purpose of performing obligations set forth herein, (c) not make the Company"s Confidential Information available to any third party unless to the extent required by applicable law or as expressly set forth herein, and (d) notify the Company in writing of any misuse of misappropriation of the Company"s Confidential Information of which the receiving party may become aware.
YOU ACKNOWLEDGE THAT ANY USE OF THE SITE, PLATFORM AND/OR SERVICES CONTRARY TO THESE TERMS, OR ANY TRANSFER, SUBLICENSING, COPYING OR DISCLOSURE OF TECHNICAL INFORMATION OR MATERIALS RELATED TO THE SITE, PLATFORM AND/OR SERVICES, MAY CAUSE IRREPARABLE INJURY TO COMPANY, ITS AFFILIATES, SUPPLIERS AND ANY OTHER PARTY AUTHORIZED BY ALLYAI TO RESELL, DISTRIBUTE, OR PROMOTE THE SITE, PLATFORM AND/OR SERVICES, AND, UNDER SUCH CIRCUMSTANCES COMPANY, ITS AFFILIATES, SUPPLIERS AND ABOVE-MENTIONED ENTITIES WILL BE ENTITLED TO EQUITABLE RELIEF, WITHOUT POSTING BOND OR OTHER SECURITY, INCLUDING, BUT NOT LIMITED TO, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF.
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site and/or the Services and/or the Platform and/or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Site and/or the Services and/or the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith, the Company may immediately temporarily or permanently limit, suspend or terminate your Account.
Upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services and/or the Platform, and so certify to the Company if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, at any time, the Company may without notice discontinue your use of the Site and/or the Services and/or the Platform, at its sole discretion, in addition to any other remedies that may be available to the Company under applicable law, if it reasonably believes that you have breached any provision of these Terms or applicable law.
Please note that failure to comply with any of use restrictions set forth in these Terms may result (at the Company"s sole discretion) in the termination of your use of the Site and/or the Services and/or the Platform and may also expose you to civil and/or criminal liability.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site and/or the Services and/or the Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site and/or the Services and/or the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: contact@artifont.com.
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