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Legal

Terms & Conditions of Use

Welcome to the MyFonts Inc. (the “Company”) terms and conditions of use (the “Terms”) for the myfonts.com Website (the “Site”). These Terms apply to and govern your use of the Company’s Web site www.myfonts.com (the “Site”) as a passive visitor, as well as the services that the Company provides to participants who sign up with the Company as members (“Members”) (such services to be referred to herein as “Services”). For purposes of these Terms, the words “you” and “your” shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not access or otherwise use the Site or receive the Services. The Company’s current privacy policy which addresses The Company’s use and release of information collected from your use of the Site and receipt of the Services is available here.

License to Use the Site

The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms. Except as expressly provided herein or otherwise allowed by the Company, you may not use the Site or the Services for any commercial purpose.

Changes to these Terms

The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these Terms will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. If we decide to change our terms and conditions of use, we will post those on our Site. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site after any changes to the site will indicate your acceptance of the changes and Terms.

Ownership; Restrictions

The Company owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation software, technology, text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company, and/or its third party providers, are the owners of the copyright in the entire Site. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these Terms, without the express written permission of the Company. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of the Company and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.

This Site also contains trademarks of the Company protected under United States and International Trademarks laws. Use of such marks without the Company’s written permission is strictly prohibited.

The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Change to Site or Content

The Company shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features or hours of availability. The Company may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.

Services

Upon a Member’s registration on the Site, the Company will create an online account for the Member containing information provided by the Member (the “Member Account”), which Member Account shall be accessible and modifiable by the Member thereafter at the Site using a password and user name, in accordance with the Company’s Privacy Policy. For more information about how the Company collects, maintains and uses Member information, please consult the Privacy Policy.

Third Party End User Licensing Terms

Certain of the products available for licensing from this Site have been supplied by third party vendors and some third party vendors have supplied their own end user license agreement to govern the licensing terms of their product. Your use of any product you have purchased on the Site from a third party vendor that has supplied its own end user license agreement creates a binding agreement between yourself and such third party vendor. In that case, the third party vendor’s terms apply to all aspects of your use of the product you have purchased and the Site terms govern the terms of the purchase itself. Any dispute regarding your use of a product purchased under the terms of a third party’s end user license agreement shall be between you and the third party.

Acceptable Use Policy

As a condition of your use of this Site and the Services, you warrant to the Company that you:

  • Will only use this Site and Services for lawful purposes in accordance with these Terms;
  • Agree and consent to our Privacy Policy;
  • Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of the Company or third parties in connection with your use of the Site;
  • Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide;
  • Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;
  • Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
  • Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
  • Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
  • Will not access or attempt to access unauthorized areas of the Site, tamper with other users’ postings, or unreasonably load or burden the Site’s servers.

Members who violate these Terms, at the Company’s sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.

Monitoring, Editing and Disclosure of User Material

You agree that the Company has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and any other operating rules that the Company may establish from time to time. Notwithstanding this right of the Company, the Company does not and cannot review all materials posted to the Site by users, and the Company is not responsible for any such materials posted by users. the Company reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in the Company’s sole discretion, such materials are objectionable or in violation of these Terms. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Font Trials

On occasion, the Site will offer free trials of font software (“Trial Font Software”). In order to Use the Trial Font Software, you will be required to download, install and agree to the license terms for the SkyFonts Client Software, and you must have a Member Account. You acknowledge that all Use of and access to the Trial Font Software supplied to you on the Site is governed by this Section of these Terms and you have no rights to the Trial Font Software other than as set forth herein. All rights not expressly granted in this section of these Terms are reserved to the Company. You may Use the Trial Font Software, in each case, for a single period of five (5) minutes on up to five (5) hardware components (each connected to no more than one (1) printer) in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Trial Font Software and subject to the following restrictions:

  • you may not Use the Trial Font Software to create anything which is offered for distribution to the general public (or to some subset of the general public) in exchange for a separate fee or other consideration;
  • you may not distribute the Trial Font Software, any portion of the Trial Font Software or any electronic or printed document created through the Use of the Trial Font Software; and
  • you may not modify the Trial Font Software in any way.

You acknowledge that the Company or its licensors owns all right, title and interest in and to the Trial Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights and that any intentional Use of or access to the Trial Font Software not expressly permitted in this Section of these Terms constitutes a theft of valuable property. You acknowledge that the Trial Font Software will be removed from your Member Account, and de-installed from any of your hardware components, at the end of the trial period. You acknowledge that the Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties and your use of the Software shall be in compliance with such laws and treaties. Your right to download Trial Font Software shall be in effect for so long as your Member Account remains in good standing, provided that, the Company shall have the right to terminate your right to Use or download Trial Font Software at any time. the Company reserves the right to remove or update Trial Font Software from the SkyFonts Client Software at its sole discretion at any time. Trial Font Software includes all copies of the Trial Font Software Used or accessed and all bitmap renderings of typeface and typographic designs and ornaments created by or derived from the Trial Font Software. Trial Font Software includes upgrades and updates to the Trial Font Software (which the Company may make available through the SkyFonts Client Software in its sole discretion), related files, permitted modifications, permitted copies, and related documentation. You agree the Company has no support obligations related to this Trial Font Software.

As used herein,

  • “Trial Font Software” means the font software identified as such, from time to time, in your Member Account and subject to the limitations set forth in your Member Account and the limited license rights set forth herein and which, when Used on or accessed by an appropriate device or devices, generates typeface and typographic designs and ornaments and which is made available to you, in the Company’s sole discretion, through the SkyFonts Client Software.
  • “Use” of the Trial Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Trial Font Software, regardless of the location in which the font software resides. Indemnification

You shall indemnify, defend and hold harmless the Company, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by the Company or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that the Company or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates. The Company is not responsible for content on or services provided by other Web sites that are linked to or from the Site, including without limitation the Company’s partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN AS IS AND AS AVAILABLE BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE COMPANY AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE COMPANYS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The Company’s Rights to Materials Provided by Users

Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by the Company and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company or any the Company affiliate or subsidiary other than pursuant to these Terms. The Company shall not be responsible for the payment of any monies to any party in connection with the Company’s use of Communications submitted by you to the Site.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site including all Content and/or Services for any commercial purpose.

Non-United States Residents

The Company makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

You understand and agree that the Company may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. The Company may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user’s access to the Site or the Services, for any reason. You understand and agree that the Company may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that the Company shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Member may terminate its Member Account at any time by sending a request of termination by contacting The Company at the following address: http://www.myfonts.com/help/

Governing Law and Forum

If you have an existing contractual relationship with the Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your existing contract with the Company. If you have more than one existing contract with the Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your most recent contract with the Company.

If you do not have an existing contractual relationship with the Company, then you agree to the non-exclusive jurisdiction of the Commonwealth of Massachusetts, or an appropriate federal court located in Boston, Massachusetts for any action or proceeding arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these terms.

Miscellaneous

These Terms and any additional terms contain the entire agreement between you and the Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. Any failure to enforce any provision of these Terms or such additional terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such additional terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such additional terms and will not affect the validity and enforceability of any remaining provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the forum hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/dmca.pdf for details). Notices and counter notices with respect to the forum should be sent to the Company at:

By Mail:
MyFonts Inc.
Attention: Legal Department
600 Unicorn Park Drive
Woburn, MA 01801
USA

By Email: DMCA@myfonts.com

The content on this Web site is intended to be a general information resource in regard to the subject matter covered. The Company is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via this Web site. Nothing contained in this Web site is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on this Web site is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. This Web site is not a substitute for the advice of an attorney.

Notices

Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:

MyFonts Inc.
Attention: Legal Department
600 Unicorn Park Drive
Woburn, MA 01801
USA

Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in the Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.

Terms & Conditions of Business

  1. Scope. The following Terms and Conditions will apply exclusively to the current and future business relationships between MyFonts Inc. (collectively with its subsidiaries and affiliated companies, “MyFonts”) and you (“you” or the “customer”). Any additional or inconsistent terms issued by you, including any such terms and conditions set forth on a purchase order provided by you shall not be binding upon MyFonts, unless MyFonts gives its express agreement in writing.
  2. Entire Agreement. Any quotation or price information made available by MyFonts is without obligation and subject to change without notice unless an offer has been designated as binding. Oral understandings between you and MyFonts will require written confirmation by MyFonts and a contract between you and MyFonts will only become valid when it has been accepted in writing by MyFonts (e.g., confirmation of order, which will be final) or when the order is performed (e.g., delivery, download or connection by you of or to the software). As permitted by law, MyFonts reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and MyFonts each owe a duty to each other co-operate in order to give full effect to your agreement.
  3. Assignment. Unless specifically set forth in a written agreement between you and MyFonts, your obligations to MyFonts may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms and Conditions shall be binding on each party’s successors and assigns.
  4. Delivery. As permitted by law, MyFonts’ standard delivery terms are FOB origin.
  5. Prices. Unless otherwise indicated in writing by MyFonts, all prices are quoted in US dollars and are exclusive of all taxes and duties imposed by any governmental authority and freight and shipping charges, all of which shall be paid by you.
  6. Payment. Unless specifically set forth in a written agreement between you and MyFonts, payment for goods or services from MyFonts is net thirty (30) days from the date of invoice. Overdue payments shall bear interest from the due date at the rate of the lower of one and half percent per month (1.5%) or the maximum rate permissible under applicable law.
  7. Warranty. Unless specifically set forth in a written agreement between you and MyFonts or as required by law, the goods and services purchased by you are provided “as is” without any representation or warranty of any kind, including without limitation, any warranty of non-infringement or fitness for a particular purpose.
  8. Partial Nullity. In the event that any provision of these Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.
  9. Export. You agree that the software licensed to you by MyFonts will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
  10. U.S. Government Contracts. If the software licensed to you by MyFonts is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in your agreement with MyFonts.
  11. Governing Law and Jurisdiction. The agreement entered into between you and MyFonts is governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and MyFonts agree to the personal jurisdiction and venue of these courts in any action related to such agreement. The agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

Privacy Policy

MyFonts Inc., a Delaware corporation with its principal offices at 600 Unicorn Park Drive, Woburn, Massachusetts 01801 USA and its parent company, subsidiaries and affiliates worldwide (collectively, the “Company”, “we”, “us” and/or “our”), makes information, products, and services available, including on our Websites (the “Site(s)”), subject to the following Privacy Policy (the “Privacy Policy”). The Privacy Policy applies to all Company products and services, including any mobile applications that link to or display the Privacy Policy and/or the Site(s) (together, the “Services”). This Privacy Policy is incorporated by reference into the Company’s Terms and Conditions of Use.

INFORMATION THE COMPANY MAY COLLECT:

“Personal Information” means information that may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone or fax number. We do not consider Personal Information to include information that has been de-identified or aggregated so that it does not allow a third party to easily identify a specific individual.

“Usage Information” means certain personally non-identifiable information that we or our third-party service providers may collect through a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Services. Usage Information may include, but is not limited to, the type of browser, device, and operating system you are using, the URL that referred you to our Services, all of the parts of the Services that you interact, the time of day you use the Services, how and on what device you use one of our mobile applications (an “App”) including your usage of any image available to you within an App or other functionality of the App itself, and any third-party applications in which you use the Services.

If we associate Usage Information with your Personal Information, we will treat it as Personal Information.

HOW THE COMPANY MAY COLLECT YOUR INFORMATION:

Personal Information Collection Directly From You. We may collect Personal Information when you register for any of the Services, visit certain areas of the Services, purchase products, subscribe to any communications from us, or otherwise voluntarily provide it to us.

Social Media Connection. We may collect Personal Information from social media websites, such as Facebook or Twitter, when you connect to any of your Company accounts using your social media account. For example, when you log in with your Facebook credentials, we may collect certain information from Facebook, such as your email address, profile picture, and friend list. We may also collect Personal or Usage Information from social media websites or apps when you choose to use the Services in connection with that social media provider, such as when you use one of our mobile application keyboards to insert a sticker in Facebook Messenger.

Customer Support. We may collect Personal Information that you provide to us through your communications with our customer-support team.

Cookies, Automatic Data Collection, and Related Technologies. We and third parties that provide functionality for our Services may collect Usage Information, by using cookies, server logs, and other similar technology as you use the Services. This Usage information may be used to improve the quality of the Services, such as to store your preferences, customize the Services, and provide more relevant advertising.

A "cookie" is a small line of text that is stored with your Web browser for record-keeping purposes and to help provide better service to you. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly. As you navigate the Services, cookies may collect information including internet protocol (IP) addresses, browser type, internet service provider (ISP), device identifiers, referring/exit pages, platform type, date/time stamp, and number of clicks. This information may be used to analyze trends, administer the site, track users’ overall movements, and gather broad demographic information for aggregate use only, to help us understand how users interact with our Services.

By using the Services, you are authorizing us to gather, parse, and retain data, including Personal Information, related to the provision of the Services.

HOW THE COMPANY USES YOUR INFORMATION:

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us or such third party to facilitate the Services and/or to improve our services.

Service Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use Personal Information and Usage Information for marketing purposes, but we do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission to do so. We also do not provide Personal Information to any third-party ad networks. We may use your Personal Information and other information to communicate with you by email, text messages, or push messages to provide you with information we think may be of interest to you. We will send you text messages only with your consent, which we will ask for at the time you provide us with your mobile telephone number, and you may opt out of emails by using the opt-out link in an email.

Aggregate Data. We may de-identify and aggregate data collected through the Services and use it for any purpose. It is important to remember that such information does not identify you individually.

HOW THE COMPANY MAY DISCLOSE YOUR INFORMATION:

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission to do so. We may share Usage Information or de-identified or aggregate information with third parties for marketing or other purposes.

Vendors and Service Providers. We may share any Personal Information or Usage Information we receive with vendors (including but not limited to a third party font foundry from which you have licensed a product through one of our Sites) and service providers retained in connection with the provision of the Services.

Business Partners. We may share any Personal Information or Usage Information we receive with our business partners, such as the companies that sponsor our mobile keyboards or other services, in connection with the provision of the Services.

Social Networking and Other Website Services. You may choose to utilize the Services in connection with third-party services and social networking websites, such as Facebook and Twitter, in which case we may share information, including Personal Information, with such third parties. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose any information, including Personal Information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information, including Personal Information, may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

With Your Consent. We may also disclose your Personal Information with your permission.

SECURITY OF YOUR INFORMATION:

We take steps to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your Personal Information (or to withdraw your consent from receiving electronic notice), please notify us at privacy@myfonts.com.

CHILDRENS PRIVACY:

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Services is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@myfonts.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

INTERNATIONAL USERS:

By choosing to use the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the Commonwealth of Massachusetts and the adjudication of any disputes arising in connection with the Services will be in accordance with the Terms and Conditions of Use.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION:

If you have any questions or concerns about this Privacy Policy or the use of your information, or to modify or update any information we have received, please contact us at privacy@myfonts.com. You may also modify your account settings to include your privacy preferences at https://www.myfonts.com/my/settings/.

LINKS TO OTHER SITES:

Our Site(s) may contain links to other web sites and services operated by third parties (the “Third Party Services”). The Company assumes no responsibility for the content or the privacy policies and practices of any such Third Party Service. The Company encourages you to read the privacy statements of each applicable Third Party Service as those privacy statements will apply to information collected through those Third Party Services.

BUSINESS TRANSITION INCLUDING MERGER OR ACQUISITION:

If the Company undergoes a business transition such as a merger, being acquired by another company, or selling a portion of its assets, your Usage Information and Personal Information may become part of the assets transferred.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES:

Posting of Revised Privacy Policy. We may update this Privacy Policy to reflect changes in our business and to our information practices. If we make any change in how we use Personal Information, we will notify you by placing a prominent notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

CONTACT INFORMATION:

Click here for a list of contact information.