Terms of Use

1. USE OF SERVICES
The TYPOGRAFFIT social media art project (“TYPOGRAFFIT” or “Service”) services are offered to you provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of TYPOGRAFFIT services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify TYPOGRAFFIT of any unauthorized use of your password or account or any other breach of security. TYPOGRAFFIT cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
This Site and the Typograffit Content and Software are intended for customers and content providers of Typograffit. You may not use this Site or the Typograffit Content or Software for any purpose not related to your business with Typograffit. You are specifically prohibited from:
a) downloading, copying, or re-transmitting any or all of the Site or the Typograffit Content or Software without, or in violation of, a written license or agreement with Graffit LLC;
b) using any data mining, robots or similar data gathering or extraction methods;
c) manipulating or otherwise displaying the Site or the Typograffit Content by using framing or similar navigational technology;
d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any TYPOGRAFFIT product or service if you are not expressly authorized by such party to do so;
e) harvesting or collecting email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f) using the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
g) using automated scripts to collect information from or otherwise interact with the Service or the Site;
h) uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
i) impersonating any person or entity, or falsely state or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
j) uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
k) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
l) uploading, posting, transmitting, sharing or otherwise making available any material 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;
m) uploading, posting, transmitting, sharing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
n) using or attempting to use another’s account, service or system without authorization from TYPOGRAFFIT, or creating a false identity on the Service or the Site;
o) uploading, posting, transmitting, sharing or otherwise making available content that, in the sole judgment of TYPOGRAFFIT, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TYPOGRAFFIT or its users to any harm or liability of any type; and
p) using the Site or the Typograffit Content or Software other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. TYPOGRAFFIT reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via the TYPOGRAFFIT image library. You understand that by using TYPOGRAFFIT services you may be exposed to Content that is offensive, indecent or objectionable, and that you use TYPOGRAFFIT at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using TYPOGRAFFIT services and for any consequences thereof. You agree to use TYPOGRAFFIT only for purposes that are legal, proper and in accordance with the Terms of Use and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts TYPOGRAFFIT or servers or networks connected to TYPOGRAFFIT. To report any activity or Content that may violate the Terms of Use, please go to the help center.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.”

3. TYPOGRAFFIT SERVICES PRIVACY POLICY
By using TYPOGRAFFIT services, you acknowledge and agree that TYPOGRAFFIT may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of TYPOGRAFFIT, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of TYPOGRAFFIT services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

4. PROPRIETARY RIGHTS

TYPOGRAFFIT’s Rights
This Site is owned by Graffit, LLC. Unless otherwise indicated, all of the content featured or displayed on this Site and available through the TYPOGRAFFIT, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof (the “Typograffit Content”), are the proprietary property of Graffit, LLC, its registered users or its licensors with all rights reserved. You acknowledge and agree that TYPOGRAFFIT services and any necessary software used in connection with those services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Subject to the Terms of Use, TYPOGRAFFIT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to TYPOGRAFFIT services or images. You agree not to access TYPOGRAFFIT services by any means other than through the interface that is provided by TYPOGRAFFIT for use. You further agree not to remove, obscure, or alter TYPOGRAFFIT’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software. You acknowledge and agree that third parties, including other TYPOGRAFFIT services users, may own right, title and interest in and to Content hosted by TYPOGRAFFIT or otherwise presented to you through TYPOGRAFFIT services, and that this Content may be protected by applicable intellectual property and other laws and treaties, including but not limited to laws governing copyright. You agree to comply with all requirements of these laws.

Your Rights
TYPOGRAFFIT claims no ownership or control over any Content submitted, posted or displayed by you on or through TYPOGRAFFIT images. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through TYPOGRAFFIT and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through TYPOGRAFFIT services, you grant TYPOGRAFFIT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through TYPOGRAFFIT services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant TYPOGRAFFIT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting TYPOGRAFFIT services. TYPOGRAFFIT will discontinue this licensed use within a commercially reasonable period after such Content is removed from TYPOGRAFFIT’s image library. TYPOGRAFFIT reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. Any use of TYPOGRAFFIT’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Use. You may not use metatags or any other “hidden text” utilizing “Typograffit” or any other name, trademark or product or service name of Graffit, LLC without our prior written permission.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
Graffit, LLC Legal Department
P.O. Box 691397
Los Angeles, CA 90069
E-mail: typograffit@gmail.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.

6. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE
You agree that TYPOGRAFFIT has no responsibility or liability for the deletion or failure to store or make available any Content and other communications maintained or transmitted by TYPOGRAFFIT services. You acknowledge that TYPOGRAFFIT has the right, at its sole discretion, to limit the number of transmissions you may send or receive through TYPOGRAFFIT services or the amount of storage space, bandwidth, or other resources you may use, and TYPOGRAFFIT has the right to terminate or suspend your account based on usage that exceeds these limits.

7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of TYPOGRAFFIT image library or services, use of TYPOGRAFFIT services, or access to TYPOGRAFFIT image library or services.

8. MODIFICATIONS TO SERVICE
TYPOGRAFFIT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TYPOGRAFFIT services (or any part thereof) with or without notice. You agree that TYPOGRAFFITshall not be liable to you or to any third party for any modification, suspension or discontinuance of TYPOGRAFFIT services.

9. TERMINATION
You may discontinue your use of TYPOGRAFFIT services at any time. You agree that TYPOGRAFFIT may at any time and for any reason, including a period of account inactivity, terminate your access to TYPOGRAFFIT services, terminate the Terms of Use, or suspend or terminate your account. In addition, any use of the Site or the Typograffit Content and/or Software other than as specifically authorized herein, without the prior written permission of Graffit, LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. In the event of termination, your account will be disabled and you may not be granted access to TYPOGRAFFIT services, your account or any files or other content contained in your account. Sections 9 (Termination), 12 (Indemnity), 13 (Disclaimer of Warranties), 14 (Limitations of Liability), 15 (Exclusions and Limitations) and 18 (including choice of law, severability and statute of limitations), of the Terms of Use, shall survive expiration or termination.

10. ADVERTISEMENTS
Some TYPOGRAFFIT services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by TYPOGRAFFIT on its services are subject to change. You agree that TYPOGRAFFIT shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on TYPOGRAFFIT services.

11. LINKS
TYPOGRAFFIT may provide, or third parties may provide purely as a courtesy to you, links to other World Wide Web sites or resources. Because TYPOGRAFFIT has no control over such sites and resources, you acknowledge and agree that TYPOGRAFFIT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TYPOGRAFFIT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

12. INDEMNITY
You agree to hold harmless and indemnify TYPOGRAFFIT, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of TYPOGRAFFIT services (including, without limitation, arising out of or related to any content that you post, store or otherwise transmit on or through the Site), violation of this Terms of Use or any other actions connected with use of TYPOGRAFFIT services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, TYPOGRAFFIT will provide you with written notice of such claim, suit or action.

13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF TYPOGRAFFIT SERVICES IS AT YOUR SOLE RISK. TYPOGRAFFIT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYPOGRAFFIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TYPOGRAFFIT DOES NOT WARRANT THAT (I) TYPOGRAFFIT SERVICES WILL MEET YOUR REQUIREMENTS, (II) TYPOGRAFFIT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TYPOGRAFFIT SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TYPOGRAFFIT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TYPOGRAFFIT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TYPOGRAFFIT OR THROUGH OR FROM TYPOGRAFFIT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or images. Nevertheless, you agree to use the Site at your sole risk and further agree that Graffit, LLC shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TYPOGRAFFIT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TYPOGRAFFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE TYPOGRAFFIT SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TYPOGRAFFIT SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TYPOGRAFFIT SERVICES; OR (V) ANY OTHER MATTER RELATING TO TYPOGRAFFIT SERVICES.

15. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Use.

17. NOTICE
You agree that TYPOGRAFFIT may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on TYPOGRAFFIT services.

18. GENERAL INFORMATION
Entire Agreement. The Terms of Use (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and TYPOGRAFFIT and govern your use of TYPOGRAFFIT services, superseding any prior agreements between you and TYPOGRAFFIT for the use of TYPOGRAFFIT services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TYPOGRAFFIT services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship between you and TYPOGRAFFIT shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and TYPOGRAFFIT agree to submit to the personal and exclusive jurisdiction of the courts located within the Santa Clara county of California, United States of America.
Waiver and Severability of Terms. The failure of TYPOGRAFFIT to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TYPOGRAFFIT services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.