Name: I Love Typography Ltd
Price range: $

I Love Typography: Terms and Conditions of Service

Your attention is particularly drawn to clauses 16, 17, 11.3, and 15 which limit the extent of our liability under the Contract.

Our Terms

Information about us
1. Who we are. We are I Love Typography Ltd (“we”, “us”, “our”) is a company registered in England and Wales. Our company registration number is 13280578 and our registered office is at C/O Leaman Mattei, 5th Floor 64 North Row, Mayfair, London, England, W1K 7DA.
2. Our website. Our website is www.ilovetypography.com (“our website”), which is a website containing details of third-party font software (“Product” or “Products”). Users of our website are able to purchase a licence to use a particular Product (a “Product Licence”) from us.
3. What we do. We promote and market Products on our website and sell Product Licences for those Products. When you use our website to purchase a Product Licence (“our Services”) you enter into a legally binding contract with us (“the Contract”) under the terms of:

these Customer Terms and Conditions (“these Terms”);
The scope of use for the Product as permitted under the Product Licence, and as set out [at the point you placed your order (and which is also recorded on your order receipt)] (the “Usage Specification”); and
the End User Licence Agreement (“EULA”) provided by the third-party individual or business that created or owns the intellectual property rights to the Product (each, a “Foundry”, together “the Foundries”).

1. We are authorised by the Foundries to license their Products to you. We are authorised by each Foundry to promote and market their respective Product or Products, and to sell the associated Product Licences in accordance with their EULA.
2. How to contact us. You can contact us by writing to us at [email protected].
3. How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us when you created an account with us.
4. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

About these Terms
1. What these Terms cover. These Terms, along with the Usage Specification and the EULA for the Product, are the terms and conditions upon which we agree to sell you a Product Licence.
2. Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the Product to you, the terms upon which you will enter into a Contract with us, how that Contract can be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
3. These Terms are amended from time to time. We amend these Terms from time to time. Please check these Terms frequently to ensure you understand the Terms that apply at the time that you purchase a Product Licence. These Terms were most recently updated on 28^th June 2021.
4. We recommend that you print a copy of these Terms for future reference.
5. There are different rights under these Terms for businesses and consumers. In some areas you will have different rights under these Terms depending on whether you are using our services as a Business (as defined in clause 3.9) or as a consumer. You are a consumer if:

You are an individual.
You are buying a Product Licence wholly or mainly for your personal use (not for use in connection with your trade, Business, craft or profession), for example if you are using the Product as part of your hobby, and the Product is not being used in a business capacity or to generate a profit.

Our Contract with you
1. The Contract is made up of the following:
  1. These Terms;
  2. The Usage Specification; and
  3. The EULA for the Product;

(together, the “Contract Terms”).

1. If there is any conflict or ambiguity between the terms of the documents listed in clause 3.1 a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
2. If you purchase more than once Product Licence from our website, a separate Contract shall apply to each Product Licence purchased.
3. Read the product details and the EULA for each Product carefully, as they contain important terms and information. When you click on a Product to learn more about a particular Product, you will be taken to a product page, which contains a hyperlink to the relevant EULA. The EULA for each Foundry, and for each Product, may be different. If you would like to purchase a Product Licence, it is your responsibility to carefully read the details about the Product on the product page, and its EULA, and to decide whether or not to proceed. Once you purchase the Product Licence you will enter into a legally binding contract for the Product on an “as is” basis under the Contract Terms.
4. Completing the Usage Specification. You will be able to select the weight or style of the Product, where and how it will be used, and the type of licence (annual or perpetual) at the point of placing your order, and this will make up the detail contained within the Usage Specification. It is your responsibility to ensure that the Usage Specification is complete and accurately reflects the Product and usage specifications you require. Once you purchase the Product Licence you will enter into a legally binding contract with us under the Contract Terms which incorporate the Usage Specification.
5. Placing your order. When you place an order for a Product Licence via our website and click on “PAY NOW”, you are making an offer to purchase the Product Licence on the Contract Terms. Once you click “PAY NOW” you will be offering to enter into a contract with us for the chosen Product on an “as is” basis, and under the terms of the Contract (which incorporates the EULA and the Usage Specification).
6. How we will accept your order. Acceptance of your order will take place when we send you a link to download the Product (“Commencement of Contract”) at which point a legally binding contract will come into existence between you and us on the Contract Terms.
7. Once you download the Product, you waive your right to change your mind. Once your order has been accepted, the Contract between you and us will be performed immediately and you will waive any rights you may have had as a consumer to withdraw from the Contract once you have begun to download or stream the Product.
8. Businesses. In using our Services on behalf of a business, corporate entity, or other organisation (“Business”) then you represent and warrant that:
  1. you are an authorized representative of the Business with the authority to bind the Business to these terms; and
  2. you agree to these terms on the Business’s behalf.
9. If you are a Business this is our entire agreement with you. If you are a Business the Contract constitutes the entire agreement between us in relation to our Services. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
10. If your order cannot be accepted. If your order cannot be accepted, we will inform you of this in writing and will not charge you for the Product Licence. This might be because the chosen Product Licence or Product is no longer available, because there is an issue with your payment, or because we have identified an error in the price or description of the chosen Product Licence or Product.
11. Your order number. Once your order has been accepted, you will be given an order number. You should keep your order number safe, as it will help us to identify your order if ever you contact us.
12. Products may vary slightly from their pictures and descriptions. The images of the Products as shown on our website are for illustrative purposes only. Although we have made every effort to display the typographical design of the Product accurately, we cannot guarantee that the illustration of the Product on our website accurately reflects all features of the Product and you should check the details for each Product (as listed on the relevant product page) carefully to ensure that the Product meets your requirements before placing your order. We will not be liable for any loss or damages which you could have avoided by following our advice to carefully check the details of the Product before placing your order.
The Licence
1. Upon the Commencement of Contract, we grant you a non-exclusive, non-transferable right, without the right to grant sublicences, to permit you to use the Product on the terms of the Contract.
2. The grant of a licence to use the Product under clause 4.1 does not transfer any right, title or interest to any Product to you. Use of the terms "sell", "license", "purchase", "licence fees" and "price" will be interpreted in accordance with this clause.
3. Your obligations and undertakings. You undertake and agree to:
  1. use the Product strictly in accordance with the provisions of the Contract Terms;
  2. ensure that no person uses the Product other than as authorised under the Usage Specification;
  3. use best endeavours to prevent any unauthorised access to, or use of, the Product or our Services and, in the event of any such unauthorised access or use, promptly notify us;
  4. not do anything that is detrimental to the Product or to the reputation of I Love Typography Ltd or the Foundry;
  5. keep full and proper records showing your installations of the Product and allow us (or our nominee, or the Foundry), on reasonable notice, access to all accounts and records relating to the Product, and access to your networks and systems for the purpose of inspection and to audit your compliance with the Contract Terms;
  6. within [10 days] of a written request from us at any time, and from time to time, provide such information as is reasonably requested by us about your use of the Product to enable us to assess your compliance with the Contract Terms;
  7. if we reasonably believe that you have, directly or indirectly, failed to comply with the Contract Terms or have otherwise operated outside of the Usage Specification (or have directly or indirectly permitted another person to use the Product in breach of the Contract Terms or to otherwise operate outside of the Usage Specification) resulting in an underpayment of Licence Fees to us, then without prejudice to our other rights, you shall pay to us upon demand an amount equal to such underpayment as calculated by us at our complete discretion;
  8. if you are operating as a Business, inform us immediately of any changes in ownership or Control of the Business and of any change in its organisation or method of doing business which might affect the use of the Product, or that impacts upon the Contract Terms;
  9. when requested to do so, always use the latest versions of the Product supplied in accordance with clause 7.3;
  10. comply with instructions from us that do not conflict with these Terms.
4. You further undertake and agree that you shall not:
  1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Contract:
    1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Product in any form or media or by any means; or
    2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Product; or
  2. access all or any part of the Product in order to build font software or similar software which competes with the Product; or
  3. other than to the extent permitted under the Usage Specification or otherwise under the Contract Terms:
    1. use the Product or Product Licence to provide services to third parties; or
    2. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Product available to any third party, or
  4. attempt to obtain, or assist third parties in obtaining, access to the Product, other than as provided under this clause 4.
5. The rights provided under this clause 4 are granted to you only, and in the case of Businesses such rights shall not be considered granted to any subsidiary or holding company of the Business.
Creating an Account with us
1. In order to use our Services, you must first open an I Love Typography Account (“Account”). To open an Account, you will be required to provide us with your full name (and if a Business, the name of the Business and if applicable the VAT number) and your email address.
2. If you do not provide us with the information in clause 5.1, you will not be permitted to open an Account with us.
3. You must ensure that the information provided to us under clause 5.1 is true, accurate, and up to date at all times.
4. Your email will be your user ID and you will be asked to create a password for your Account. You must treat your password as confidential and must not disclose it to any third party.
5. If you know or suspect that anyone other than you know your user password, you must promptly notify us by emailing us at [email protected] and writing “SECURITY” in the subject line.
6. You can close your Account at any time by emailing us at [email protected].
7. We may disable or close (at our discretion) your Account at any time by giving two weeks’ notice to you or with immediate effect if, in our reasonable opinion, you have failed to comply with any of the provisions of the Contract Terms, or if we receive any complaint about you.
Providing the Product
1. When we will provide the Product. After you have paid for the Product Licence we will provide you with a link from which you can download the Product.
2. We are not responsible for delays outside our control. If the Product is not available for download due to an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by any such event.
3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Product and the Product Licence to you, for example, when we create an Account for you. If you do not give us this information, or if you give us incomplete or incorrect information, we may (a) suspend or close your Account; (b) suspend or terminate your Product Licence; (c) end the Contract (and clause 10 will apply); (d) make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Product or the Product Licence late, or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4. Once you download the Product, you waive your right to change your mind. Once your order has been accepted, the Contract will be performed immediately and you will waive any rights you may have had as a consumer to withdraw from the Contract once you have begun to download or stream the Product.
Our rights to make changes
1. Minor changes to the products. We may change the Product or Product Licence:
  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements, for example to address a security threat.
2. More significant changes to the Products or to the Contract. In addition, we may make more significant changes to the Contract or to the Products or Product Licences, but if we do so we will make reasonable efforts to notify you.
3. Updates to the Product. We may update or require you to update the Product, provided that the Product shall always match the description of it that we provided to you before you bought it.
Term and termination
1. The Contract shall, unless otherwise terminated as provided in this clause 8, commence on the Contract Start Date and shall continue:
  1. (if an annual licence) for 365 calendar days from the Contract Start Date;
  2. (if a perpetual licence) on an ongoing basis;

or until otherwise terminated in accordance with these Terms.

Our rights to end the Contract
1. We may end the Contract if you break it. We may end the Contract between us at any time by writing to you if:
  1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to open an Account or to provide our Services or the Product to you;
  2. you breach any of the Contract Terms, or otherwise use (or directly or indirectly allow others to use) the Product outside the scope of the EULA or the Usage Specification;
  3. we have reason to believe that you are using, or permitting others to use, the Product without an appropriate Product Licence in place.
2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 9.1 we may charge you reasonable compensation for the costs and any loss of revenue we will incur as a result of your breaking the Contract.
3. We may withdraw the Product. We may write to you to let you know that we, or the relevant Foundry, are going to withdraw the Product and that the Product Licence has been terminated.
If the Contract ends
1. If the Contract is ended for any reason, then:
  1. all licences granted under the Contract shall immediately terminate and you shall immediately cease all use of the Product;
  2. you shall [upon request] destroy or otherwise dispose of any copies of the Product;
  3. you shall [upon request] use best endeavours to procure that all third parties who whom you have either provided or (directly or indirectly) allowed to use the Product immediately cease all use of the Product and destroy or otherwise dispose of any copies of the Product;
  4. any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced.
2. The termination or ending of the Contract shall not of itself give rise to any liability on the part of us to pay any compensation to you for loss of profits or goodwill, to reimburse you for any costs relating to or resulting from such termination, or for any other loss or damage.
Warranties.
1. Except as otherwise expressly stated in these Terms, we make no express or implied warranty to you or to any third party of any kind in connection with the Product, our website, or our Services, including, but not limited to, any warranty with regard to performance, merchantability, or fitness for any particular purpose.
2. We do not warrant that:
  1. your use of the Product, our website, or our Services will be uninterrupted or error-free; or
  2. that the Product, our website, or our Services will meet your requirements; or
  3. the Product, our website, or our Services will be free from vulnerabilities or viruses.
3. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledges that the Product and our website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4. The Contract between you and us shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing Products which are the same or similar to those provided under our Contract with you.
Problems with the Product
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected].
Price and payment
1. Where to find the price for the Product. The price of the Product Licence (which includes VAT) (the “Licence Fee”) will be the price indicated on the order pages when you placed your order.
2. When and how you must pay the Licence Fee. You shall pay to us the Licence Fee for the Product without set-off or deduction (but together with VAT). We may process your payment via Stripe, which is a third-party payment provider. You must pay the Licence Fee before you download the Product.
3. Payments made under the Contract Terms. All amounts and fees stated or referred to in the Contract Terms:
  1. shall be payable in US Dollars; and
  2. are, subject to clause 16.7 and clause 17.4, non-cancellable and non-refundable.
4. If at any time you use the Product, or permit others to use the Product, in breach of the Contract Terms then without prejudice to our other rights, you shall pay to us, our then current Licence Fee for the licence that best fits the manner in which the Product has been used.
Proprietary rights
1. In this clause 14, “Intellectual Property Rights” is defined as meaning: “patents, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.”
2. You acknowledge and agree that we and/or the relevant Foundry own all Intellectual Property rights in our Services and in the Products. Except as expressly stated, the Contract does not grant you any rights to, under or in, any Intellectual Property Rights or any other rights or licences in respect of the Product, our website, or our Services.
3. You acknowledge that:
  1. you do not have any right, title or interest in the Intellectual Property or any updates or improvements to it, apart from the limited rights granted in the Contract Terms;
  2. any goodwill (and any other rights) in the Product which result from the use of the Product by you shall vest in us and/or our licensors;
  3. neither we, nor our licensors make any representation or warranty as to the validity or enforceability of the Intellectual Property nor as to whether the same infringe on any intellectual property rights of third parties.
4. "I Love Typography" is a trademark of I Love Typography Ltd. You are not permitted to use our trademark without our approval.
Indemnity
1. You shall defend, indemnify and hold harmless I Love Typography Ltd against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:
  1. your use of our Services;
  2. your use of the Product; and
  3. any breach of the Contract Terms by you.
Our responsibility for loss or damage suffered by you if you are a CONSUMER
1. To the extent permitted by law, and except where expressly and specifically provided in these Terms:
  1. all warranties, representations, conditions and all other terms of any kind whatsoever implied or that could be implied by statute or common law in relation to the Product or the Product Licence are, to the fullest extent permitted by applicable law, excluded; and
  2. the Product is provided to you on an "as is" basis.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
3. We are responsible to you as a consumer for foreseeable loss and damage caused by us. If we fail to comply with the Contract Terms, we are responsible to you if you are a consumer for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. To the extent permitted by law, our liability to you for foreseeable loss and damage caused by us is subject to the limitations set out in this clause 16.
4. When we are liable for damage caused by defective digital content. If you are a consumer and defective digital content (other than the Product itself) which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation, subject always to clause 16.7. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow instructions or to have in place the minimum system requirements advised by us.
5. We are not liable for any loss or damage caused by the Product(s) sold on our website. To the extent permitted by law, we are not liable to you for any loss or damages arising under or in connection with the Product, which is sold to you on an “as is” basis. If you identify an issue with the Product within 30 days of purchasing the same, you should notify us and provided that we are notified within those first 30 days we may, at our complete discretion, take reasonable steps to replace or otherwise repair the Product.
6. We are not liable for business losses. If you are a consumer, we only supply our Services to you for domestic and private use. If you use our Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
7. Limit on our liability. Subject to clause 16.2, I Love Typography Ltd’s total aggregate liability in contract (including in respect of the indemnity at clause 15), tort (including negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total Licence Fee actually paid by you to us for the Product during the 12 months immediately preceding the date on which the claim arose.
Our responsibility for loss or damage suffered by you if you are a BUSINESS
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
2. To the extent permitted by law, and except where expressly and specifically provided in these Terms:
  1. all warranties, representations, conditions and all other terms of any kind whatsoever implied or that could be implied by statute or common law in relation to the Product or our Services are, to the fullest extent permitted by applicable law, excluded; and
  2. the Product is provided to you on an "as is" basis.
3. Exclusions to the extent of our liability. Except as expressly and specifically provided in these Terms, and subject always to clause 17.1:
  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Services, our website or any content on it.
  2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, our website or our Services; or
    2. use of or reliance on any content displayed on our website;
    3. any defective digital content; or
    4. the Products sold on our website.
  3. In particular, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.
4. Cap on our liability. Subject to clause 17.1, I Love Typography Ltd’s total aggregate liability in contract (including in respect of the indemnity at clause 15), tort (including negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total Licence Fee actually paid by you to us for the Product during the 12 months immediately preceding the date on which the claim arose.
Which country's laws apply to any disputes?
1. Consumers. If you are a consumer, please note that the Contract Terms, their subject matter, and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
2. Businesses. If you are a Business, the Contract Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Other important terms
1. We may transfer the Contract to someone else. We may transfer our rights and obligations under the Contract to another organisation.
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
3. Nobody else has any rights under the Contract. With the exception of clause 4 (The Licence) and clause 3 (Our Contract with you) of these Terms, and the EULA, no other person shall have any rights to enforce any of the Contract Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. The Foundry for the Product reserves the right to rely upon and where appropriate enforce clause 4 and clause 9 of these Terms and the EULA.
4. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of the Contract Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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