TERMS & CONDITIONS

Terms of Use

1. In accessing the Site www.foodfont.com, you agree to do so only for your own personal use and in accordance with these Terms.

2. The Site is owned and operated by Food Font and Kristen Baumlier. Please read the Terms carefully as they set out your rights and obligations and the terms on which we makes the site available to you. They also provide information on how you can submit material and how this will be used.

3. Visitors to the site just wishing to view content do not need to submit content or information. However, any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these Terms, which takes effect the moment you first use the Site. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately. We reserve the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.

4. All Food Alphabets files from  the Food Font Project are licensed under a Creative Commons Attribution 4.0 International License.  Under this license you are able to use the alphabet image files to create your own images and creative projects. You also can sell what you make, but you are required credit the project (i.e.: This was made with images from Food Font, www.foodfont.com.)Unless otherwise stated above, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site’s material or content (including other Contributions or any advertising or sponsorship) or permit or assist any third party to do the same.

5. You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.

6. The Site may include links to third party web sites (“Third Party Sites”) from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk.

7. Some parts of the Site may have specific Terms of use (e.g. features, competitions, contests and campaigns). By registering for and/or using these parts of the Site you are agreeing to these specific Terms. If there is any conflict between the Terms and specific Terms appearing on the Site, the specific Terms shall prevail.

 

Registration and Membership

1. If you would like to upload material and interact with the Site including participating in submitting alphabets or project ideas, you must register and submit your information in an online form. As part of this you will be asked to “accept” these Terms and, on doing so, you will be deemed to have consented to and will be bound by these Terms and conditions.

2. When you submit your alphabets or project ideas, we reserve the right to reject names or images that are offensive, defamatory or otherwise unsuitable.

3. If you use any functionality this Site makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live.

4. Under no circumstances may a minor under the age of 13 register as a Member, or submit personal information or other content to the Site.

5. Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right for ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or delete your submissions.

6. We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to delete your submissions or access to any part of the Site at any time if you breach the Terms or for technical reasons.


Contributions

1. “Contribution” includes all content provided to the Site or uploaded to the Site by Members i.e. alphabets, project images, information, quotes, forum or blog entries, videos, clips, pictures, comments, data posting, and all other user generated material, which will be stored in a database by us.

2. You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consent necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include an advertisement for your business or products; that nothing in the Contribution will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, vulgar, offensive, indecent, harassing, threatening, breach anyone’s privacy or may constitute a contempt of court or break any applicable laws or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms. You also confirm that if you have posted a food alphabet, project idea, or project image it is your own and will not cause any harm to anyone.

3. For project images, we do not, unless we agree this with you, claim any rights of ownership in your Contribution. As such, you retain all ownership rights and, although we will be able to use the Contribution as set out in these Terms, you will also have the right to use your Contribution in any way you choose. For submitted food alphabet images, these become part of the Food Font after submission, and then fall under the Creative Commons Attribution 4.0 International License.   Us, you, and others can use the Contribution as set out in these Terms and you may use them in any way you choose. Where a Contribution is to be acquired this will be made clear on the Site and you will then be able to choose whether to provide a particular Contribution on that basis.

4. Please note that we do not accept unsolicited materials or ideas for use in our programs, any website including the Site, publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

5. Where we do not own the Contribution, you agree that we may (and third parties authorized by us) make any and all Contributions available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and/or publishing and that Contributions may be made available with advertising and/or sponsorship. You now grant us (and third parties authorized by us) a non-exclusive, worldwide, royalty-free, irrevocable license (for the full period of any rights in the Contribution) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-license the Contribution for such purposes.

6. Whether or not we own the Contribution, you grant us (and third parties authorized by us) the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and photograph if we wish (where these have been provided to us) and your Contribution.

7. We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted at its absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected.

8. We may, in appropriate circumstances, and at its sole discretion, remove or disable access to a Contribution that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.

9. We may retain other Contributions even if they are not published. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return this to you or remove this from the Site on termination of your Membership.

 

Other Content and Complaints

1. Although we ask all Members to submit Contributions that comply with the Terms, you acknowledge that Contributions supplied by other Members may include material you consider offensive or objectionable. We assume no responsibility or liability for such Contributions and, as the Contributions are created by other members, it does not represent our views. You are solely responsible for your interaction with other Members.

2. If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can email us at info@foodfont.com.

Please send us this information:
– The nature of your complaint and location within the Site of the particular content.
– For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorized to act on behalf of the owner.
– Your name, address, telephone number and email address and such other information as we may reasonably request.

 

Availability of The Site and Liability

1. The Site, Contributions and information, images, logos and content relating to the Site, foodfont.com, and/or any of our associated files and services (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. We will endeavor to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. We not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

3. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorized use of the Site; or (e) any other factor that is outside our reasonable control.

4. Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software), save as set out specifically in the Shopping Terms. You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.

5. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will we or any of our third party affiliates or Kristen Baumlier personally be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorized use of the Site.

6. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

 

Intellectual Property Rights Including Copyright

1. The names, images and logos identifying Food Font and foodfont.com and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated otherwise.

2. All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than your Contributions and Your Data (as included in the Privacy Policy below), shall remain at all times our property or the property of our licensors and is protected by copyright law.

3. Any products and services on the Site are subject to availability and are available at our sole discretion.

 

General

1. The Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from the Site or Terms will be decided only by the U.S. courts.

2. We make no representation that materials on the Site are appropriate or available for use at locations other than the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United States, you are responsible for compliance with all local laws.

3. If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

4. You agree to indemnify and keep indemnified us from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or use or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.

5. We can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your submissions is personal to you.

6. You can contact us at this address or you can email us at info@foodfont.com.

 

Privacy Policy and Personal Data

1. In order to provide you with the full range of services on the Site, we are sometimes required to collect information about you. We will use any personal information collected from the Site in accordance with all laws and regulations relating to the protection of personal data including the Data Protection Act 1998 (as may be amended) (the “Data Protection Act”).

2. Personal information you are asked to supply during your use of the Site including that you supply voluntarily as part of the registration process and any other information relating to your Contributions (“Your Data”), will be used by us, service providers and other organizations and by subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) to administer your contributions; (ii) in making decisions about whether any contributions you seek to upload onto the Site should be accepted, rejected or used; (iii) for marketing purposes where you have specifically agreed to this (see paragraph 10 below); and/or (iv) as set out on the Site or the Terms. In addition, we may at our discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offense or suspected breach of the Terms by you or otherwise where required by law.

3. You may be requested to take part in promotional activity and we reserve the right to use your details, photographs and audio and/or visual recordings in any publicity.

4. Your Data supplied as part of your contribution profile will, unless we tell you otherwise, be able to be seen by other users of the Site so make sure you only provide information you are happy to be seen in this way.

5. Except as set out in this Privacy Policy (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a contributor and/or using the Site you are agreeing to Your Data being used as set out in this Privacy Policy and in the Terms.

6. The information collected on the Site includes Users’ Internet Protocol (IP) addresses, which are automatically logged by our web server. IP addresses are numbers that can uniquely identify a specific computer or other network device on the internet and are used by us to observe users’ interest in this Site (number of visits, etc).

7. The Site contains hyperlinks to websites owned and/or controlled by third parties who have their own privacy policies and we advise you to check them. Advertisers may for example use cookies to track responses to their adverts. We do not accept responsibility or liability for the privacy practices of such third party websites and you use them at your own risk.

8. There are opportunities on the website to receive e-mail communications alerting you to news and offers from us as fully explained before you subscribe. You may unsubscribe from these emails at any time by replying to the email using the unsubscribe link.

9. We will not disclose voluntarily provided details to third parties or use your Data or Contributions in any other way other than set out in this Privacy Policy and the Terms without your prior consent.

10. If you are 16 or under, please get your parent or guardian’s consent beforehand whenever you provide personal information on the Site.

11. We will hold your Data and Contributions for as long as is necessary and reasonably required for the relevant service or purpose.

12. The Food Font website located at http://www.foodfont.com is a general audience site and does not knowingly collect personally identifiable information from children under 13 years of age. If you are under 13, please do not attempt to submit materials to Food Font or any related campaigns on the websites or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might improperly have any information from a child under age 13, please contact us by emailing info@foodfont.com. We strongly recommend that minors 13 to 18 years of age ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

13. We endeavor to keep your Data secure; however, we will not be responsible for any breach of security unless it is due to our negligence or willful default.

14. You have the right to access your information held by us and, where necessary, to have it amended. We may charge an administration fee of $25 and you will have to prove your identity. Please address any requests to info@foodfont.com

15. This privacy statement may change at any time, so you may want to check back occasionally when you send us personal information. Last updated January 25, 2015.