GENERAL TERMS AND CONDITIONS OF SALE AND ONLINE SALE
26TYPE trademark is a property owned name registered to the INPI. 26TYPE trade name and www.26TYPE.com website are property of FAAK&PAAT STUDIO, commercial entity represented by Messrs. FESQUET Julien, BARON Benoît and TADDEI Julien.
The aim of these general terms is to define the conditions in which 26TYPE company, hereinafter referred to as "26TYPE", offers to the website visitors, hereinafter referred to as the "USER" or the "USERS", online sharing service, exchange and sale of original typographies ( hereinafter the "SERVICE" or the "SERVICES").
26TYPE establishes a relationship between designers of original typographies -typefaces - fonts- and buyers of these same typographies, through a website open to all USERS and a section dedicated to each online account holder ( hereinafter "MEMBER" or "MEMBERS") enabled to access all services of 26TYPE.
These general terms rule the conditions of use by the website USER, as well as the conditions of use, sale, rights and obligations of its MEMBERS.
ARTICLE 1 : ACCEPTANCE -APPROVAL- OF THE GENERAL TERMS AND CONDITIONS
THE SERVICE is provided to USERS and MEMBERS, subject to their approval of these terms and conditions of use and online sale.
USERS and MEMBERS -hence, therefore- declare and acknowledge having read these general terms and conditions and full acceptance-approval- of them. Subscription to one of the SERVICES by clicking the icon allowing THE USER to access to the given SERVICE constitute a contract conclusion with 26TYPE.
Hence, MEMBERS ensure they are legal persons -entities- with the ability under the law to contract. As the sale of original typographies --- requires prior acquisition -procurement- of a company registration number, the MEMBERS ensure they have a legally identified structure, recognized by the tax authority and the social administration.
26TYPE reserves the possibility to modify these general terms and conditions in whole or in part at any time. It therefore belongs to the USERS and MEMBERS to refer on a regular basis to the latest version of the general terms and conditions continuously available on the website.
Any USER or/and MEMBER shall be deemed to have agreed on this latest version for each new connection -access- to the site. In the event of non-compliance of a web user with the general terms and conditions, 26TYPE reserves the right to deny access to one or several SERVICES.
ARTICLE 2 : DESCRIPTION OF SERVICES
SERVICES offered by 26TYPE aim to facilitate the interaction between the USERS showing interest for typography through a sharing and exchange service, and also licence sales of original typographies created by MEMBERS of 26TYPE with or without the payment of a price freely established by the MEMBER right holder of the relevant original typography.
After the set up of an account to become MEMBER, 26TYPE internet site enables the USER to purchase licences of original typographies published online by other MEMBERS subject to payment of the price of the given licence if not offered for free.
In order to create an online account, the USER shall provide the following information: surname, name, e-mail, creation of MEMBER name or pseudonym, creation of a password, occupation, company registration number, link to personal site, etc. Once the account of the MEMBER has been created, he shall freely fill his MEMBER page (linked with the chosen pseudonym) with contents and specifically the original typographies (format .ttf or .otf) he created in order to sell the licences and related products to the other MEMBERS.
Each typography placed online shall be referenced by the MEMBER with a keyword system which allows a search by category through the site search engine. A maximum amount of 4 keywords shall be provided in order to define the categories the typography belongs to with the best possible accuracy. These 4 keywords shall be chosen amongst the following categories: serif, sans serif, linear, grotesque, egyptian, modern, calligraphic, modern roman, antique roman, transitional, humanistic and stylized. Any content or typography presented online shall be modified only by the MEMBER who published it on his page.
Each MEMBER is free to interact with pages from the other MEMBERS, notably through a system of comments and liking status of contents possibly published online by the other MEMBERS on their own page. The MEMBER shall possibly follow pages from the others in order to keep informed about their publications and online licensed typographies.
Each month, 26TYPE internet site shall update the database of online typographies of MEMBERS regarding the traffic generated by each typography. In order to maintain quality services, 26TYPE internet site reserves the right to remove typographies generating very low traffic from the other USERS and MEMBERS (likes, number of views and downloads in particular) after 30 days following the posting online.
ARTICLE 3 : Licensed rights
User licences of original typographies are authorized on a non-exclusive basis, are non-transferable and for personal use only. They may be submitted to a price freely established by the MEMBER creator and seller of the original typography that shall not exceed 30€ including all taxes. However their use remains unlimited in time.
These rights of use remain personal. Thus, the MEMBER acquirer may not under any situation transfer or lease these rights, whether against payment or free of charge.
The MEMBER acquirer acknowledges that any infringement to this regulation or any violation to the personal and non-transferable specificity of the given licence of typography, will necessarily imply his responsibility, regarding both 26TYPE or any third party, notably the selling MEMBER right holder of the given original typography. List of infringements remains non-exhaustive. The original typography acquired by the MEMBER once the payment transaction completed shall be used on any medium of private or commercial nature.
ARTICLE 4 : WEBSITE OPERATION
In order to access SERVICES and take advantage of its functionality, the USER and/or MEMBER must have an internet access, ideally broadband (ADSL), and own certain software delivered by the internet supplier against a fee.
26TYPE is a SERVICE that operates independently from the internet access offer his USERS are submitted to and disclaim liability in case of malfunction of one of its access services, assuming that this malfunction does not come from any of the SERVICES offered on the site.
ARTICLE 5 : GUARANTEES AND PROCESSING OF PERSONAL DATA
The use of SERVICES requires that each MEMBER submits its personal information. The MEMBER will accept to provide accurate and complete information and update any data subject to modification.
The MEMBERS also agree that 26TYPE is saving this personal information (including all information related to the method of payment via Paypal) in the event of the online purchase of available original typographies.
For its part, 26TYPE is committed to the confidential nature of the information provided, mainly by securing the protection of personal information of its MEMBERS to ensure respect of privacy and fundamental rights and freedoms of its USERS and its MEMBERS.
However, in the event that one or several parts of the data shall be requested by any public authority in accordance with the law, 26TYPE shall provide this information regarding one or several of its MEMBERS.
In accordance with the Data Protection Act issued on January 6, 1978, necessary-required- information fields needed by 26TYPE to allow the USERS to create an online account in order to become MEMBER are marked with an asterisk. Other information fields without any asterisk remain optional and informative to improve SERVICES offered by 26TYPE through its site.>/
Each MEMBER is entitled to access, modify, rectify, oppose and delete his own data and freely exercise these rights by sending an e-mail to the HYPERLINK address contact@26TYPE.com while indicating names and pseudonym.
ARTICLE 6 : TERMS AND CONDITIONS OF USE OF THE SITE
The USERS and MEMBERS are committed to not publishing content that may infringe applicable legislation (incitement to violence, discrimination in all its forms, racial hatred, paedophile content, etc.) in order to respect freedom of expression.
The purchasing MEMBER is liable for his use of licences purchased online. In no case should the acquirer MEMBER associate his use of original typographies to a product or service that is not in accordance with the current legislation (incitement to violence, discrimination in all its forms, racial hatred, paedophile content, etc.) and violating current legislation regarding copyrights.
Should this not be the case, it could lead 26TYPE to deny access to the SERVICES and depending on the seriousness of the violations or the infringement of copyrights owned by the MEMBER or his beneficiaries, consider legal prosecution against the concerned MEMBER.
The use of SERVICES delivered by 26TYPE requires the creation of a MEMBER account with an access based on personal information, exclusive property of the MEMBERS.
The USER is responsible for the maintaining of his account, operations and security while he agrees to provide accurate and complete information to create his MEMBER account and to not disclose information to anyone or use fraudulently the MEMBER account of another person.
Usernames and passwords are personal and confidential. Each MEMBER bears the sole and entire responsibility of their use and preservation, and the commitment to keep them secret under any circumstances.
In case of loss or disclosure likely to threaten the page of the MEMBER, particularly when enabling a third party to take note of the whole personal information registered on the site, notably of the username and password, the MEMBER is committed to report with no delay to 26TYPE so that its username and/or password can be modified.
To achieve this modification, the MEMBER will have to click on the link "forgotten password" that appears on the pop-up window to identify himself and request a new password. Once the request completed, the MEMBER will receive a new password generated automatically by 26TYPE by e-mail at the address provided during registration.
However 26TYPE shall not be held responsible for any of the sub-mentioned fraudulent use unless the latter is due to negligence on its part.
26TYPE set up security systems enabling the use of SERVICES. The USER and the MEMBERS are held liable in the situation they would intend or complete any infringement, implicitly or explicitly breaching --violating---security systems enabling procurement of services.
In this precise case, 26TYPE reserves the right to consider possible legal prosecution if a proof of effective manipulation aiming to violate the security regulations deliberately stands as a clear evidence.
ARTICLE 7 : VESTING AND USE CONDITIONS OF LICENCES OF ORIGINAL TYPOGRAPHIES
26TYPE follows the regulation on copyrights. The selling MEMBERS of original typographies shall be committed to providing typographies in compliance with their designation to the purchasing MEMBERS.
26TYPE liability ends once the complete delivery is achieved and compliant regarding the designation of original typographies by selling MEMBERS to purchasing MEMBERS.
26TYPE disclaim liability in the event of a loss and/or deterioration occurring subsequently to the delivery of licences ordered and bought online.
Acquisition of typographies may be submitted a price freely established by the MEMBER creator and seller of the original typography that shall not exceed 30€. In the case the licence requires a payment, the acquisition of any original typography is submitted to the owning of a valid company registration number to provide at the time of registration.
Any payment shall be carried out through the online paying system Paypal. If you wish to know about the conditions of use of this service, please click here. The sale will be completed once the payment is accepted.
Once the payment has been processed, the MEMBER creator and seller will get 85% of the total price paid by the purchasing MEMBER, 15% being payable to the site 26TYPE.
As a consequence of acquiring the licence, the USER becomes right holder of use as stipulated by French Law for personal use only, meaning that each purchasing MEMBER can not under any situation transfer or lease these rights, whether against payment or free of charge.
The specificity of these products shall require the use of adapted tools, such as the purchase of a software reading existing or forthcoming original typographies, notably for .ttf and .otf formats. However, the acquisition and the use of these tools remain at the expense of the purchasing MEMBERS.
Any deterioration of any form or by any means of the original typographies made by the purchasing MEMBERS shall be punished and could lead to legal prosecution by 26TYPE.
ARTICLE 8 : TERRITORY
The SERVICES offered by 26TYPE have no territorial limits regarding the use to purchase original typography licences or the use to consult information from the site.
Access to this site can be achieved via the internet or any other network connected to it.
The SERVICES are visible to all users possessing an access from any location worldwide. Thus the territory is the entire world.
ARTICLE 9 : LIMITATION OF LIABILITY
26TYPE shall play an active role in order to maintain operational SERVICES. Thus 26TYPE shall not be held as responsible for possible malfunctions, in particular regarding maintenance operations, interruption of site access or operations requiring the online payment system Paypal, at any given time for any event beyond its control.
On this basis, 26TYPE liability shall not be engaged in the event of malfunctions that could occur or damages caused by the use of SERVICES by the USER, as for any impossibility to access these services.
26TYPE shall not be liable for any possible dissatisfaction experienced by the USER about typographies purchased online.
If the contract could not be completed in whole or in part due to events of force majeure recognized by jurisprudence (i.e. and non-exhaustively, actions of civil or military authorities, fire, flood, earthquake, riots, war, sabotage, network malfunction, coding errors of electronic files, software limitation or inability to obtain telecommunication services or governmental policies), 26TYPE liability should not be engaged at any point.
In any case, the possible liability of 26TYPE shall not engaged any compensation or claim for damage, in any form, exceeding the amount paid by the USER to benefit from accurate SERVICES specified in these general terms and conditions.
ARTICLE 10 : SITE REFERENCES AND PROPERTY RIGHT
In accordance with practices of the profession, monitoring any highlighting process and the respect of the moral right of the MEMBERS creators and sellers of original typographies, 26TYPE shall mention names or social reasons of its MEMBERS creators of original typographies.
In this precise case 26TYPE shall contact the MEMBER concerned by e-mail in order to inform the latter about his presence on a communication medium. Thereafter the parties may agree jointly on the nature of the name or pseudonym of the MEMBER for the credit.
The whole content of 26TYPE internet site as well as all the related rights of intellectual property are exclusive property of 26TYPE. No right of any nature on contents is granted to the USERS and MEMBERS. Unauthorized use of one or several elements of the site shall engage liability of the USER or MEMBER concerned.
26TYPE reserves the right to engage legal prosecution regarded as necessary in order to assert its rights.
ARTICLE 11 : APPLICABLE LAW, -ATTRIBUTION Of JURISDICTION AND SERVICE ADDRESS
These terms and conditions are submitted to the French law even in the situation where the MEMBER is from foreign nationality.
In the event of a protest related to their interpretation, background, validity or any stipulation over these terms with no prior private agreement between the parties, the Courts of Bordeaux shall have sole jurisdiction since the USER and/or MEMBER remains a professional in every situation.
Parties agree to use their respective head offices as address of service.