Access to and use of the website accessible at the address http://www.productiontype.com/ (hereinafter “Website”) and the font software download system designed and produced by Production Systems SAS, a simplified stock company with a share capital of €10000, registered on the Paris trade and companies register under number 799731575, with its corporate headquarters at 73 boulevard de Sébastopol 75002 Paris - France (hereinafter “Production Type”) including the fonts and the typefaces (hereinafter the “Font Software”) which is offered as fee for service (hereinafter the “Service”) are subject to acceptance and respect for these general conditions of use.
These general conditions of use (hereinafter the “General Conditions”) are concluded between Production Type and the user of the Website and/or the Service (hereinafter the "User").
The General Conditions may be consulted on the Website before subscribing to the Service.
Access to the Service and use of the Service are subject to the creation of an account and formal acceptance of these General Conditions and the User’s Font license Agreement, concluded between Production Type and any user who wishes to download and use Font by subscribing to the Service (hereinafter the “License Agreement”).
1. Purpose of the Website and Service
- Production Type is a company specializing in the design of typefaces, the creation of fonts and graphic and typographical projects.
- The purpose of the Website is to present the activities of Production Type and the Service it offers.
- The purpose of the service is to provide the public with fonts through the Website.
- The goal of these General Conditions is to define the rules of use for the Website User, along with the conditions under which Production Type allows downloading from its Site and grants the Service user downloading Font a License Agreement.
- Production Type reserves the right to add, remove or modify, at any time, all or part of the Service.
2. Opening a User Account
- You must open an account in order to access and use the Service.
- The User account accesses a dedicated personal space where links are sent enabling the User to download the selected Font.
- The creation of a User account is subject to acceptance by the User of the License Agreement and the General Conditions. The User declares to have fully read the contractual documents set out in this article, and accepts its terms and conditions without limitations or restrictions.
- The opening of an account by the User requires the registration of the User's identity, of a valid email address, as well as a personal username and password.
- The User agrees to disclose his true identity and if applicable, that of the legal entity he represents, without Production Type having an obligation to confirm his position and/or powers.
- The User agrees to choose an available and legal username. He is specifically prohibited from choosing a user name infringing any intellectual property right, trade name or legal personality of third parties, and, generally, violating any law and any regulations in force.
- The user agrees to choose a personal and confidential password, and to be solely responsible for it. He agrees not to disclose it to third parties, and to take all precautions necessary to avoid third parties having access to it.
- The User acknowledges in this respect that his username and password are personal and confidential, and that he may under no circumstances disclose them or allow any person whatsoever to connect to his user space using his username and password.
- The User agrees to immediately inform Production Type in the event of theft or loss of his password.
- Failing this, and unless there is evidence to the contrary, any connection or transmission of orders or data made via the User's password shall be deemed to have been carried out by the User, and at his exclusive responsibility.
4. How the Service works
Users wishing to download a Font must proceed as follows:
- Select the Font to be downloaded, the price for the download and its use, which will be displayed in an order “summary”;
- Confirm the order for the Font for the price indicated;
- Pay for the selected Font, acquiring the Font and authorization to use it, granted by Production Type, as holder of the associated rights.
- Visit his personal space and download the Font using a link, sent to his space after receipt of payment.
Users wishing to download Font offered on the Website via the Service recognize that they may only use do so after they have accepted the License Agreement and this agreement, since the creation of a User account is subject to acceptance by the latter of the License Agreement and General Conditions. The User may review the License Agreement and the General Conditions before any download.
Returns & refunds. Due to the digital nature of the products, Production Type cannot offer refunds after the purchase is made and the fonts are made available to the users. For physical items, returns for unopened items only is accepted. Shipping fees are non-refundable shall be made at the user's expense.
5. Acceptance and modification
- Access to the Website and/or its use imply acceptance, with immediate effect, of these General Conditions applicable to all Site Users.
- Subscription to the Service requires the opening of an account which implies acceptance, with immediate effect, of these General Conditions, through the mandatory "ticking" of the box accepting the General Conditions, "I have read and fully accepted all of the rules set out in these General Conditions" when creating the User account.
- Production Type reserves the right to modify these General Conditions at any time without the prior agreement of the User.
- The acceptance of the new General Conditions takes place according to the same conditions as for these General Conditions, as indicated above, if the user has an account. Specifically, the user who has an account shall be asked to accept the new General Conditions when logging on after said modifications have been made, through the mandatory “ticking” of the box accepting the new General Conditions, “I have read and fully accept all the rules laid down by these General Conditions". The modified General Conditions shall only be applicable to the User holding an account enabling access to the Service once he has expressly accepted them.
6. Commitments of the parties
6.1. Commitments of Production Type
- Production Type offers Font that can be downloaded from the Website via the Service.
- Production Type implements the technical resources enabling the downloading of Font ordered by the User, subject to full respect for its contractual commitments.
- Production Type shall provide with each Font, as applicable, User instructions for its installation and use.
6.2. Commitments of the User
- The User agrees, within a performance obligation, to respect the terms of this document.
- The User is prohibited, within an autonomous and independent commitment to the intellectual property rights of Production Type to the Font, to use, reproduce, represent, distribute, disseminate, lend, hire or modify all or in part, in any way whatsoever, the Font outside the scope of use defined by the License Agreement, or to disclose to third parties any information relating to the know-how and/or technologies employed by Production Type within the framework of the design and/or use of the Font.
- This obligation survives the termination of this Agreement, for any reason whatsoever, for a period of 5 (five) years, without prejudice to the application of the intellectual property rights of Production Type to the Font.
- It is expressly agreed between the Parties that this specific commitment constitutes an essential and determinant obligation without which Production Type would not have concluded the Agreement.
7. Penalty in the event of breach of the General Conditions
- In the event of breach by the User of any of the provisions in the General Conditions, Production Type reserves the right to temporarily or definitively suspend, without any prior warning and at its sole discretion, use of the User account, and access to the Website and the Service, without compensation.
- Furthermore, Production Type has the right to suspend access to the user account and use of the Website and/or service at any time.
- The sanctions described above can be applied without prejudice to any proceedings, civil or criminal, that the user may be subject to on the part of public authorities, any third party, or Production Type.
8. Intellectual property
- All data and information contained in or accessible through the Website, including via the Service may in no case be taken and used for purposes other than private viewing by the user directly connected to the Website, or for the purposes stated in the License Agreement and in accordance with these Terms and Conditions.
- Production Type reserves the right to initiate appropriate action against any appropriation made in violation of any intellectual property rights and/or law and/or the General and/or the License Agreement terms.
- The user has a license to access and use the Font made publicly available via the Service within the rights granted in this document and in the License Agreement, the latter prevailing in the case of conflict between the various documents on the scope of the authorization granted to the User. The User shall refrain from any use of the Service beyond the rights covered by the authorization granted.
- In no case may the user consider that he owns the digital files and/or Font which he may access through the Service. Physical control of the files is granted only to enable him to enjoy the authorized rights, with control of the files being the means to this end.
- This authorization is not transferable, as specified in the User commitments of these Terms and License Agreement.
- Any reproduction or representation, in whole or in part, for purposes other than the authorized use is prohibited. Failure to comply with this prohibition constitutes forgery and may result in civil and criminal penalties.
- The names, images, logos or other distinctive signs on the Website identifying Production Type, and/or its partners, or third parties or their products and services, are protected by intellectual property law, specifically trademarks and/or copyright and related rights in France and abroad. The Service and its contents, and in particular Font, the overall structure of website, software and databases used, and all other content on the Website are protected specifically by copyright, similar rights and/or sui generis rights of the database producer, and generally by the common law of civil liability as well as by applicable international agreements.
- Production Type and/or its partners are the sole proprietors of the aforementioned intellectual property rights to all content and software, including the fonts available to the public on the website via the Service. The User agrees to respect these rights. As such, the User specifically agrees not to:
- Reproduce, modify, publish, adapt, on any medium whatsoever, by any means whatsoever, any of the materials on this Site, including those made publicly available via the Service, particularly the Font;
- Carry out any breach of computerized systems used to operate the Website and to provide the Service, including any intrusion or attempted intrusion;
- Carry out any reverse engineering of all or part of the Website and/or Service and/or content, including the Font made publicly available on the Website through the Service;
- Compile, decompile or disassemble any part of the Website and/or Service and/or content, including the Font made publicly available on the Website through the Service;
- Modify or create programs developed on all or part of the Website and/or Service and/or content, including the Font made publicly available on the Website through the Service, including correcting errors; only Production Type is entitled to carry out any corrections;
- Distribute and/or make available to the public and/or distribute copies of all or part of the Website and/or Service and/or its contents, including the Font made available to the public on site through the Service;
- Remove or delete any mention and/or proprietary information present on any part of the Website and/or Service and/or content, including the Font made publicly available on the Website through the Service;
- Sell, lease, sub-lease or transfer in any manner whatsoever to any third party the Service and/or content, including the Font made publicly available on the Website through the Service.
- Any use of the information, data and materials on the Website and/or Service, including the Font made publicly available on the Website through the Service, for any reason whatsoever, by the user not complying with these Terms and/or the License Agreement is expressly prohibited. In no case, may possible access to information on the Website and/or Service and/or the Font and to some data, be used to allow the user to extract, substantially or not, and/or use, outside of the consultation of the Website and the subscription to the Service, any data or any part of the Website and/or Services, including the Font made publicly available on the Website through the Service. It is emphasized that such extractions and/or use are strictly prohibited.
- Digital files of the Font and/or documents made publicly available on the Website may be protected by technological protection measures and by information or "Digital Rights Management systems", namely, protection systems to control their use, and in particular, their copying. These are designed to offer the user maximum flexibility in the use of content made available while protecting intellectual property rights.
- The User shall refrain from taking any action to circumvent or undermine technological measures of protection and information. The User expressly acknowledges and agrees that technical measures of protection and information may limit or revoke his access to one or more Font programs, and uses that may be made of it. The User also agrees to the automatic update of technical protection measures and information, with its related consequences. These technical protection measures and information are governed by the Intellectual Property Code. Any attempt to circumvent these measures is subject to the penalties provided by this code.
- The User agrees not to remove or alter the credits, logos, copyright notices or trademarks to the Font that have been prepared and attached to it by Production Type.
9. Protection of personal data
- Under Law N ° 78-17 of 6 January 1978 relating to data processing, Production Type informs the User that it respects the confidentiality, integrity and security of data the User may need to provide in connection with use of the Website and/or Services.
- Handling of data used to open the User Account. The User accepts that the opening of a User account is subject to the collection and treatment of personal data under the responsibility of Production Type. This processing has been declared to CNIL under N ° 1743123v0. The collected data is voluntarily supplied by the user wishing to access and/or use the Website and the Service. Data collection described as "optional" is not necessary to access and/or use of the Website and/or Service. The data may be used for the purposes of managing operations at the Website, including access and use of the Service, as well as for commercialization by Production Type and its partners, subject to User agreement. It may be disclosed to third parties to comply with legal or regulatory obligations, as well as for the execution of operations, marketing by electronic or other means, subject to the receipt of prior consent from the non- professional user. The User agrees that the data may be and/or disclosed in the manner described above. The User has the right to obtain his data from Production Type by writing to the following address info(at)productiontype.com, and to require, if necessary, correction of this data, as well as to oppose its use for marketing and commercialization purposes.
- Treatment of technical data and cookies. Production Type also conducts automatic recording of certain technical data. Technical data may be recorded by Production Type during the access to or use of the Website and/or Service as the User’s Internet Protocol addresses (IP) and information about the User’s configuration (machine type, browser, etc.) and navigation (date, time, pages viewed, occurrence of errors, etc..). The latter information can be stored in short text files (cookies) on the User’s computer. The User may, at any time, cancel the registration of cookies, or cookies already stored on his computer, by setting the options for protecting the privacy of his Internet browser. These technical data are used only for determining usage statistics, error prevention, or improvement of access conditions to, or use of, the Website and/or service. Production Type processes these technical data completely anonymously, without attaching to them any information allowing identification of the user, and does not transmit these data to third parties. Without prejudice to the above, Production Type may, however, be called upon to use this information in cooperation with the User’s ISP, to identify the user in order to execute all or part of these Terms, or at the request of the competent administrative or judicial authorities.
- The Website may contain hyperlinks to content from third parties or to websites operated by third parties.
- Production Type is not responsible for the quality or accuracy of such content or of these third party websites and cannot be regarded as approving, editing, publishing or authorizing such websites or such content.
- Consequently, the operators of these sites are solely responsible for compliance with laws and regulations that apply specifically to the products and services they sell on their sites, particularly in terms of consumer protection, remote sales, regulation of prices, protection of personal data, etc.
- Production Type disavows any liability for damages resulting from the use of these third party sites.
11.1. Obligations and responsibilities of the User
The User agrees, under a performance requirement, to meet the terms of these General Conditions. The User is obliged to observe the use rules listed below. The user is required not use the Service to:
- Transmit any content of a pedophilic character or that may in any way harm minors or violate the protection of children and adolescents;
- Send or transmit any message whose content is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, homophobic, anti-Semitic, xenophobic, false or otherwise objectionable;
- Transmit any content contrary to public order and morality;
- Transmit any content that would constitute, without this list being limitative: support for or incitement to commit crimes and offenses, incitement to suicide, incitement to use drugs or prohibited substances, incitement to commit terrorist attacks, incitement to discrimination, hatred or violence because of race, ethnicity, religion or nationality, false news, false rumors; undermining the authority of justice, the right to trial, disclosure of information about an individual’s tax situation, dissemination outside authorized conditions of surveys and voting simulations relating to an election or referendum, defamation and insults, invasion of privacy, or acts endangering minors including manufacturing, transportation, and distribution of messages of a violent or pornographic nature, or likely to cause serious harm to human beings and their dignity, or to equality between women and men;
- Transmit any content reporting or inciting cruelty to animal;
- Send any message that for the User is not authorized to distribute its content, especially by legislation or legal act (including internal, privileged, confidential information learned or disclosed as part of an employment Agreement or a confidentiality agreement, without this list being limitative);
- Transmit any message whose content infringes any registered patent, trademark, design or model, trade secret, copyright, neighboring rights, intellectual property rights or other proprietary rights of others, personality rights, or whose publication could constitute an intentional tort or quasi-intentional tort;
- Forge letterheads, official or not, or otherwise manipulate identifiers in order to disguise the origin of Content transmitted through the Website;
- Collect or store data to create a database of all or part of the Service, and in particular, of the Font or Service Users;
- Access or attempt to access the account of another user of the Website and/or Service;
- Send any message that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer system or telecommunications equipment, without this list being exhaustive;
- Transmit messages inciting or permitting any act of hacking or circumvention of technical protection device ("crack") or information/statement on intellectual property rights;
- Interfere with or disrupt the operation of the Website and/or Service, or servers or networks connected to the Website, or disobey any requirements, procedures, general rules or regulations applicable to networks connected to the Website;
- Violate, intentionally or not, any local law or regulation, national or international law, and the limitations contained in these Terms and Conditions;
- Impersonate or claim to be another person or entity, including an officer of Production Type and/or administrator of the Website and/or Service;
- Harass, in any manner whatsoever, one or several other users of the Service;
- Provide information linking to other websites (whether by the creation of hyperlinks, or by simply supplying information) whose content is likely to contravene any law and or regulation, and in particular would likely infringe the rights of persons and property, and/or intellectual property rights;
- Harm, in any manner whatsoever, Production Type officers and/or employees and/or its partners or their image and reputation, including insulting or threatening them;
- Use the Service for promotional and commercial purposes, including, but not limited to, distributing or facilitating the broadcasting of advertisements or solicitations;
- Use all or part of the Service to provide other services, such as optimization of services ("power-leveling") and collection of information to be used in payment except for the Service domain;
- Collect, store and disseminate personal data relating to other users or any third party;
- Interfere, or attempt to interfere, with the proper working of the Website and/or Service;
- Connect to the Service in a manner not expressly provided for in these Terms and Conditions.
- The User agrees not to use loopholes, software bugs or any other form of error to gain advantages in the use of the Service. Similarly, the User agrees to immediately notify Production Type when it finds a fault or an error in the Service.
- The User also agrees not to send "spam" or “floods” of any commercial offers to other users.
- The User is not authorized to use the Website and/or Service in a way that can make either of them inaccessible, damaged or inoperable.
- The User further agrees not to:
- Modify or edit files that are part of the Service posted by Production Type, and, in particular, the Font;
- Interrupt, overload, or contribute to the interruption or overloading, of the computer or server used to offer or support the Website and/or Service offered by Production Type or the use by any person of the online Site and/or Service of Production Type;
- Initiate, assist or be involved in any way whatsoever, including, and without limitation to, the spread of viruses and denial of service attacks against the Service, or any other such attempts at interruption of the Service, or the use or enjoyment of the Service, by anyone;
- Attempt to gain unauthorized access to the Website, the Service, accounts created by other users or computers, servers or networks, to which the Website and/or Service are connected by means other than the user interface provided by Production Type, including, but not limited to, by circumventing or modifying, or encouraging or assisting any person to, circumvent or modify security, technology, hardware or integrated service software.
- The User is solely responsible, to the exclusion of Production Type, for all activities taking place from his account and for all his acts in the course of using the Service.
- The User agrees to provide the information requested by Production Type during the execution of these Terms and Conditions.
- The User agrees not to use the information from the Service for any purpose other than personal use, excluding any use for public communication or publicity purposes, unless otherwise agreed beforehand by Production Type, or unless expressly provided in the License Agreement.
- Production Type reserves the right to bring any action, civil or criminal, against the User in case of breach of its obligations under these Terms and Conditions, and in particular with regard to this article, which User acknowledges and agrees.
11.2. Responsibility of Production Type
Production Type provides the Website and the Service as is, and makes no warranty in this regard. In particular, Production Type makes no commitment concerning availability and/or access to the Website.
Given the technical difficulties related to the decentralized operation of the Internet, Production Type cannot provide any guarantee of continuity of service or lack of errors of the Website and/or Service.
Production Type reserves, in this respect, the right to suspend access to the Website and/or Service, to proceed without notice to any correction, upgrade or maintenance.
Production Type shall in no event be liable for any damage and/or loss that would result for the user.
To the fullest extent permitted by regulations, Production Type makes no representations, express or implied, including regarding the quality and compatibility of the Website and/or the Service for the uses contemplated by the User. No information or advice given by Production Type, whether via the Website and/or Service or not, creates any obligations for Production Type or any warranty.
In particular, subject to any applicable laws and regulations, Production Type does not represent or warrant that:
- The use of the Website and/or the Service will meet the needs of the user;
- The use made of the Service by the User will be uninterrupted, inopportunely, secure or error free;
- That any information obtained through the Service will be accurate or reliable.
Subject to the warranties expressly provided in these Conditions, and to any applicable laws and regulations, no conditions, warranties or other terms (including any implied warranties of satisfactory quality, fitness for a particular purpose or conformance with description) apply to the Website and/or Service.
Production Type may limit the number of Font programs available to the public or withdraw, at its discretion, the Font Site, without notice to the User. The User expressly acknowledges and agrees that Production Type reserves the right to remove the Service and any Font, without notice or compensation, in particular to accede to any request or order issued by a judicial or administrative authority, or by a third party alleging any violation of their rights in the context of the use of the Website and/or Service. Production Type reserves the right to add, delete or modify all or part of the areas of the Website that it publishes and/or services it offers, without prejudice to the application of any conditions previously concluded. Production Type reserves the right to update, modify or delete them, at any time and without notice.
Production Type reserves the right to insert, and/or authorize any third party of its choice, to insert advertisements and/or any other promotional item on the Website.
In cases where the liability of Production Type is incurred, compensation will apply only to direct, personal verifiable damages, excluding, without this list being exhaustive, indirect damages and/or indirect loss and/or consequential damages, including commercial loss, moral and financial loss, including any loss of profit having as cause, origin, or foundation, use of the Website and/or Services, including the Font available on the website through the Service, subject to applicable laws and regulations.
In any event, Production Type cannot be held liable for any fault wholly or partly attributable to the user, to a third party or to the occurrence of an event of force majeure.
In all cases where liability of Production Type may be incurred, no action or claim whatsoever shall be instituted against Production Type more than 1 (one) year from the date of the breach committed by SAS Production Systems. The User is solely responsible for its possible interactions with other users of the Service and any other person with whom the user may be required to interact by the Service. In case of dispute with one or more other users, the User agrees to release Production Type from any claims, suit and compensation (direct and indirect) of any nature whatsoever, known and unknown, arising in any way from such disputes related thereto, including damage related to loss of profits, customers, or use of the data.
12. Duration and Cancellation
These Terms are concluded between Production Type and the User for an unspecified term or duration of the License Agreement.
- In case of breach by the User of any of its contractual obligations, in particular in connection with the use of the Service, these General Conditions may be cancelled, automatically and without any legal formality, thirty (30 days after a formal notice has gone unanswered. The cancellation must be notified by Production Type to the User by registered letter with acknowledgment of receipt, without prejudice toward any damages that may be requested, particularly with regard to any infringement of its intellectual property rights.
- Users are also free to terminate these Terms and Conditions by sending an email with advance notice of 15 (fifteen) days to the address indicated in section 1.1 above.
- Production Type is free to terminate these Terms and Conditions by sending an email to the user with advance notice of 15 (fifteen) days.
- Termination of this agreement implies the concurrent termination of the License Agreement to the Font. The User is prohibited as such from any operating and/use of the Font after the date of termination and is committed to its deletion or destruction, and to providing evidence thereof, at first request of Production Type.
- It is also stated that the provisions of the Terms will be maintained in that they govern the service already used on the day of the effective date of termination, including these Terms made available to the user prior to the effective date of termination.
- Upon termination of this agreement, Articles 6.2, 8, 9, 11, 12 and 17 remain applicable.
- For any questions, information, or notification, the User may contact Production Type by email at the following address: info(at)productiontype.com
- Production Type may assign, at any time, the obligations arising from these Terms to the natural person or legal entity of its choice.
- The User may not assign its rights and obligations under these Terms and Conditions.
14. Validity of Terms
- If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and scope.
- The Parties agree to replace the clause declared null and void by a new provision which is closest, in terms of its content and intent of the clause, to that initially stated.
- Should the User not prevail upon certain provisions of these Terms, or fail to assert any right under these Terms and Conditions, this shall not be construed as a waiver by Production Type of its right to require or to enforce the implementation of these provisions.
- Other than set out expressly by Production Type, the stipulations, conditions or requirements of these Terms and Conditions shall not constitute a waiver of any future obligation to comply with such stipulations, conditions or requirements.
- While using the Service and for users with a user account, it is agreed between the Parties that each Party undertakes to notify the other Party in writing of any material changes regarding its location including address, bank details, assignments, etc..).
- The User agrees to make these changes on the Website directly from the User account.
17. Applicable Law and Jurisdiction
- The Website, the Service and these Terms and Conditions are subject to French law.
- Before referral to a court, the User undertakes to inform Production Type of any difficulty, by email and to seek, at the request of Production Type, an amicable solution.
- In case of failure to reach an amicable solution, the Parties agree that any dispute relating in particular to the validity, interpretation and execution of these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of Paris (France), subject to mandatory legal provisions.
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