USER TERMS AND CONDITIONS
ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE WEBSITE AT www.ISTD.org.uk (“Site”) OR ANY OF THE CONTENT CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT (“Agreement”).
1. Personal data
2. Contracting parties
The Site, together with all content, data, information and other materials contained therein (“Content”) are owned or controlled by the International Society of Typographic Designers Limited, a company limited by guarantee registered in England, with its registered address at Elizabeth House, 13-19 London Road, Newbury RG14 1JL, UK. The International Society of Typographic Designers Limited is referred to in these terms and conditions as “we”, “us”, “our” or “ISTD”. You must register with us, and create your own user account, to fully use the Site and the Service, and when you register with (or otherwise access) the Site, you are contracting with ISTD. Please note that you must be 13 years of age or older to register or use the services available Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.
You will need a valid email address to become a registered user. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User, or to impersonate any other third party. If you think someone else has obtained your account details, please let us know immediately via mail@ISTD.org.uk and we will close your account as quickly as possible. Please note that you will be responsible to ISTD and to others for all activity that occurs under your registration account.
4. The Service
The service, available via the Site, is an information service providing Users with access to news, commentary and other content (“Content”), and certain products available for purchase from time to time (“Service”). Purchases made via the shop pages of the Site (“Shop”) are subject to the Purchaser Agreement available on the Site from time to time.
5. Use of Content
Except as otherwise indicated on the Site, we grant you a non-exclusive, nontransferable, limited license to view the Content solely for your personal, informational, and noncommercial purposes as specified within the Service. Your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. ISTD, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under local law). The Site, the Content and the Service are for your personal, non-commercial use only, and are not for sale, re-distribution, transfer, assignment or sublicense.
6. User Content
ISTD may display or communicate comments, discussions, forums or other interactive features in which Users may post or upload content to the Site (“User Content”). Any User Content which contains content that infringes the copyright of a third party may be removed on request by a relevant rightsholder or for any other reason. As part of our copyright policy, we will terminate access to the Service for any User if, in our reasonable opinion, that User is determined to be a repeat infringer (or otherwise has been the subject of more than one valid copyright notice or Take Down request which has not been successfully rebutted).
7. Ownership of User Content
We are pleased to hear from our users and we welcome your comments and/or other of your owned content that you may wish to send to us. We request that your comments relate to solely to the Service and the Content. You retain ownership of all rights you hold in your User Content. When you upload material to the Site you hereby grant to ISTD a worldwide, non-exclusive license to ISTD (and its sub-licensees) to use that material to provide the Service and for reasonable promotional purposes (including without limitation by exhibition via the Service and/or on other services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your User Content as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
8. Code of Conduct for User Content
You agree to obey all applicable laws in using the Site. You agree that you are responsible for everything that you post or transmit to or via the Service and you agree (in relation to the Site):
- not to send or post content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, hateful, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially- offensive or which amounts to bullying or intimidation of others or otherwise includes objectionable material;
- not to send or post content which you do not have the right to use or which infringes the rights of a third party;
- not to abuse other Users or anyone else;
- not to publish your own contact details or those of anyone else;
- not to publish private information about yourself, other Users or anyone else;
- not to register more than one account for yourself or anyone else;
- not to post content that contains software viruses or any other computer code, files, or programs, devices, scripts, bots, crawlers or scrapers that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
- not to post content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
- not to upload post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation; and/or • not to post content of the same nature in multiple Site locations so as to be a nuisance to, or amount to spam for, other Users.
9. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to mail@ISTD.org.uk. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
10. No Endorsement of User Content by ISTD
We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any User Content or any other materials uploaded or exhibited or otherwise exploited by Users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with this Agreement and any other rules of User conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
11. Deletion of User Content
You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted on or through the Service. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Service, or limit the amount of storage space, bandwidth, or other resources you may use. You acknowledge that we reserve the right to terminate any User account and/or delete any User Content if the account has been inactive for a three (3) month period or for any other reason at any time in our sole discretion. You are solely responsible for making backup copies of any and all of your User Content. Do not rely upon the Service as a primary storage space for your User Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
12. Purchasing Goods
When purchasing anything via the Shop, you acknowledge and agree that you are solely responsible for reading and understanding the relevant listing(s) in full, entering into a legally binding contract for such purchase and complying with any terms applicable to that (potentially international) contract. You further agree that you will honour other terms imposed by any relevant affiliate for that transaction. We reserve the right to correct any processing errors that we may discover from time to time. Please note that we reserve the right to refuse to process a transaction for any reason in our sole discretion and we shall not be liable to you or any third party in relation to any such refusal.
By placing an order via the Shop, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement and the Purchase Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: full name, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an email acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. The sale and purchase contract between us will be formed only when we send you a confirmation. All orders are subject to acceptance.
14. Prices and Payment
Prices (and/or packaging/delivery costs) are as set out on the relevant pages of the Shop (except in cases of obvious error) and all listed prices are exclusive of VAT (or similar) tax unless otherwise stated. Such amounts are subject to change at any time. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the purchased products reach your country.
15. Credit Cards
Payment for purchased products may be by credit or debit card. We accept payment by Visa, Visa Debit, Mastercard, Maestro, American Express and/or PayPal. All credit/ debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Deliveries are subject to delivery costs set out in the relevant listing. Deliveries may require a signature on delivery (and for this reason, it is not possible to deliver to a PO Box address or a hotel). Risk passes to you once delivered, but purchased products shipped to any non-card registered address are sent entirely at your risk. A signature may be required at time of delivery of goods may not be left without such signature. In the unlikely event a purchased product is damaged or lost in transit, we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical product, we will offer you an alternative similar product and/or issue a credit note. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. If you order products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict amounts or other requirements. If in doubt, please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
17. Damaged Products
Purchased products will be your responsibility after the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the unlikely event a Product is damaged or lost in transit, you must immediately report the damage to mail@ISTD.org.uk. If such damage is verified and an identical product cannot be supplied, you may be offered an alternative similar product and/or issued a credit note.
18. Right of Cancellation
You may cancel your purchase of a product from the Shop at any time within fourteen (14) days, beginning on the day after you receive the product. In this case, you will receive a full refund of the price paid for the product in accordance with our refunds policy (set out below). To cancel a purchase, you must inform us in writing and must return the product to us, unopened and undamaged, as soon as reasonably practicable at your own cost. The date upon which the package is post-marked will determine whether you have returned the product(s) within the required period and products will be deemed received two days after the date of the postmark (not including Sundays and public holidays). Failure to comply with the return obligations hereunder may result in a deduction by us of the direct cost of recovering the unreturned product(s). All refunds will be processed at our sole discretion according to the condition of the returned product(s). We will not be liable to you for failures, defects or delays in delivery caused by:
(a) your provision of incorrect information;
(b) your mailbox being full and unable to receive correspondence;
(c) your failure to comply with instructions for use of the Service; and/or
(d) an event which is outside of our reasonable control. You will not have any right to cancel a purchase for the supply of any personalised products. Nothing hereunder shall affect your other statutory rights as a consumer.
19. Termination of this Agreement
ISTD may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Because the Service seeks to provide Users with innovative features and services, it may, without prior notice, change the method or frequency of availability of the Service, or create limits for such use. ISTD may also suspend (temporarily or permanently) access to the Service, without notice, for any or no reason. Upon termination or suspension of the Service, however, you will continue to be bound by this Agreement. You agree that the liability of ISTD to you hereunder shall be limited to the amount you have actually paid to ISTD for products or services hereunder of, if greater, £100. No claim may be brought by you more than two years from the event triggering the claim. Except as set out herein, ISTD shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury or fraud caused by negligence.
You warrant and represent that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable ISTD to store, stream and otherwise use your User Content for the purposes of the Site and that you personally created all content (and all materials contained within content) that you upload to the Site, and that you own or control all rights in your User Content.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, THE ISTD SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ISTD MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICE, THE UPLOADING OF USER CONTENT, OR THE ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SITE OR THROUGH THIRD PARTIES’ WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You agree to indemnify ISTD for any loss or damage that may be incurred by ISTD, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Service. You further undertake to indemnify ISTD for all loss or damage incurred by ISTD in relation to any third party claim against ISTD for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.
If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via mail@ISTD.org.uk If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via mail@ISTD.org.uk (making sure to include both the Uniform Resource Locator (“URL”) for the non- complying content and the reasons you believe it does not comply).
24. Trade Marks
The brands, products and service names used in the Site and the Content (including without limitation, “ISTD”) are trademarks or trade names of ISTD or its trading partners unless otherwise stated.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site and/or the Content in any manner including Interferences that target an individual User. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. ISTD will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud ISTD or any other parties through your use of the Site, the Content or any services provided hereunder. ISTD reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, monitor your content and force forfeiture of a user name, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
26. No Partnership
Your use of the Site and/or the Service creates no partnership, client, fiduciary or other professional relationship.
27. Entire Agreement
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
28. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
30. No Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
32. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Subject to Clause 25 below, any dispute arising under or in connection with this Agreement shall be subject to the jurisdiction of the Courts in the Southern District of Florida.
33. Contacting Us
If you have any questions, please contact us at the following address: International Society of Typographic Designers Limited, Elizabeth House, 13-19 London Road, Newbury RG14 1JL, UK, or email us via mail@ISTD.org.uk.