Terms of Service and Use Agreement
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
THIS WEBSITE USE AGREEMENT APPLIES TO THE WEBSITE LOCATED AT www.Handfont.com (“This Website”).
YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE TrERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
Website Use Agreement
If you do not agree to the terms of this Agreement, you must immediately stop use of This Website. If you remain on This Website, you agree to be bound by this Agreement.
Use of Information
The materials provided herein are for personal, non-commercial use only, and you may not copy or print more than one copy of material posted on This Website.
Documents published by Handfont on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by Handfont or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Handfont or any third party. Except as expressly granted under this Agreement, all rights are reserved by Handfont.
You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of Handfont. You may not use any meta tags or any other “hidden text” utilizing Handfont's name or trademarks without the prior express written consent of Handfont. You may not use Handfont's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without Handfont's prior consent, which consent may be withdrawn by Handfont at any time, with or without notice, in Handfont's sole discretion.
Unless otherwise indicated, the Offerings and all content, and other materials on or available on or through the Offerings, including, without limitation, directory listing data, the Handfont.com logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to Handfont or its affiliates or licensors, and are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a non-exclusive, non-assignable and non-transferable license to (i) access and use the Offerings, and (ii) use the Materials, solely as permitted under this Agreement (the "License"). Handfont and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
In order to access to certain Offerings, you may be asked to create a user account (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Handfont may contact you and require you to confirm some or all of your Registration Data before using certain Offerings. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Offerings if in our sole discretion, we determine that any of your Registration Data is, or, in our opinion, appears to be, untrue, inaccurate, not current or incomplete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Handfont of any unauthorized use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Offerings and Materials.
You will not use the Offerings or Materials for other than their intended purpose; engage in any unauthorized use of the Offerings or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses); transmit or otherwise make available any content that: (i) you do not have the right to provide or transmit using the Offerings or (ii) may expose Handfont or its affiliates, licensors, or users to any harm or liability; transmit or otherwise make available any data or materials that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; copy any portion of the Offerings or Materials or any underlying content or source code; reverse engineer, disassemble or decompile any portion of the Offerings or Materials, or otherwise attempt to discover or re-create the source code to any software; distribute the software or source code behind the Offerings or Materials to any third party; make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Offerings or Materials; remove, alter, or obscure any copyright or other proprietary notices of Handfont or its affiliates or licensors in any portion of the Offerings or Materials; obscure or disable any advertisements that appear on or through the Offerings; use any type of automated means to utilize the Offerings or Materials;
access without authorization any networks, systems, or databases used in providing the Offerings, or to access or use any information therein for any purpose; violate any requirements, policies, procedures or regulations of any network connected to the Offerings; interfere with or disrupt the use and enjoyment by others of the Offerings or the Materials; falsely state, impersonate, or otherwise misrepresent your identity; use the Offerings or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person; use the Offerings or Materials in any manner that exposes the Company to any harm or liability of any nature; or use the Offerings or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.
Consent to Monitoring
Limitation of Liability
IN NO EVENT SHALL Handfont OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER Handfont HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on This Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
Handfont AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY Handfont, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Handfont NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL comPONENTS, AND (B) NEITHER Handfont NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
You agree to hold harmless, defend and indemnify the Handfont Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Offerings or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Handfont Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of any covenant, representation or warranty in this Agreement; (iii) your use of any of the Offerings or Materials; or (iv) any content that you store on or transmit through the Offerings. Handfont may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Handfont in such event.
Disclaimer of Endorsement / Linked Sites
Changes to This Agreement
Handfont reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Use Agreement link in the footer of This Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them.
Access / Failure to Comply
Handfont also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold Handfont (and its subsidiaries, officers, directors, agents, employees service providers and third parties providing content on This Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, Handfont’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on This Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
Information and Content Provided by You
You grant Handfont and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to Handfont, in whole or in part, in such manner, format and media as Handfont may see fit in its sole discretion and for such purposes as Handfont may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to Handfont in this paragraph, subject to such terms and conditions as Handfont may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to Handfont will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Handfont for any purpose whatever.
You represent and warrant that you have the right and authority to grant Handfont the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Handfont or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, This Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that Handfont may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at This Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This Website because Handfont will not undertake to retain copies of any material that Handfont or others may delete from This Website.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Offerings or any other products or services of Handfont (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
Termination of License
Handfont may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Offerings or Materials, or any other Handfont service, or (iii) use the Offerings or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
Termination of Services
Handfont may discontinue, terminate, suspend or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Offerings or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by Handfont, your License shall automatically terminate with respect to the affected Offerings and you must immediately stop using all affected Offerings.
Use of Communication Services
The Site(s) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Handfont.com has no obligation to monitor the Communication Services. However, Handfont.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Handfont.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Handfont.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Handfont.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Handfont.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Handfont.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Handfont.com spokespersons, and their views do not necessarily reflect those of Handfont.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Handfont.com or Posted at Any Handfont.com Site(s)
By posting, uploading, inputting, providing or submitting your Submission you are granting Handfont.com, its affiliated companies and necessary sublicensee’s permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Handfont.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Handfont.com’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You and Handfont agree that the substantive laws of the state of New York, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Handfont CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN NEW YORK, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to This Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Handfont with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Handfont as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by Handfont's President. Any terms varying from this Agreement in any written, electronic or other communication from you are void. Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Copy (as defined in any applicable Application for Directory Advertising, Application for Electronic Advertising, or On-Line Application for Electronic Advertising or any Handfont-provided addendum thereto) or other information, content or other material submitted or otherwise provided by you through This Website that is the subject of an Handfont-provided pre-printed agreement or a clickwrap agreement on a web site owned by Handfont (other than this Agreement).
Spam and Communications Guidelines
You may not use the Offerings, Materials, or any name, trademarks or other intellectual property of Handfont in conjunction with the sending of unsolicited commercial email, nor may you cause any Handfont Web site, service, product, or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, re-mailing service, or address forwarding service in such a way that our intellectual property, network addresses or services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with Handfont include, but are not limited to: (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any service that allows you to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to Handfont immediately.
Third Party Links
Handfont may, as a convenience to its users, make links to third-party Web sites or resources available on or through the Offerings. Handfont is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through the Offerings. In addition, Handfont does not endorse or adopt, and is not responsible or liable for: (i) any content, We offer the cheapest for men anywhere around. advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
Handfont may provide you notice of changes to this Agreement or any other matter by displaying notices to you generally through the Offerings or, at its option, by using any contact information you have provided to Handfont. You agree that notice by the foregoing means shall be deemed complete when transmitted by Handfont. All notices to Handfont (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:
New York, NY 10065
Time Limitation on Claims and Causes of Action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Offerings or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.