The platform LETRS (hereinafter PLATFORM) is property of ABECESAURIO SL (hereinafter the “COMPANY”), with a registered address in Sant Boi de Llobregat, C/ Montevideo 31-39, Esc. C, 3º 1ª (Barcelona-Spain). and registered number B-66674334.
LETRS is a consistent platform on a web site and desktop application that functions as a catalogue of typographic fonts, offering third parties the use of fonts either online or offline.
TERMS AND CONDITIONS
The Terms and Conditions below (hereinafter, “General Conditions”), regulate access, registration, navigation, uploads, downloads and the use of the web space of the hosting content by graphic designers/type foundries and as many websites you hereby authorize after signing the corresponding contract as designers/type foundries (hereinafter “Provider”) to offer products through the platform LETRS available or accessible at the domain www.letrs.io, and their respective subdomains and subdirectories implemented by LETRS to connect with providers.
The following General Terms regulate the use of the website that the COMPANY provides to its network of providers in order to distributed the creations of the providers for end customers.
Access and use of the web space for providers of the PLATFORM is subject to current General Terms. Use of the web space for providers, owned by the COMPANY, attributes the condition of USER and implies full and unreserved acceptance from the user of all current Terms each time the user access such web space.
The USER is aware that access and use of the web space for providers is at their sole responsibility. Some of the services on the COMPANY web pages may be subject to special conditions, regulations and instructions that, in such case, substitute, complete and/or modify the current terms and conditions (hereinafter ¨Special Conditions¨), which should be accepted by the user before use. Request of services by the user through the Provider Portal, constitutes acceptance of the Special Conditions that may apply.
Within the term ¨Provider Space¨ it is understood, including but not limited to all the contents, data, graphics, texts, logos, trademarks, software, images, animations, musical creations, videos, sound, drawings, photographs, expressions and information and others included in it, and, in general, all the creations expressed by any means or medium, tangible or intangible whether they are capable or not of intellectual property in accordance with the Consolidated Text of the Intellectual Property Spanish Law.
The following General Terms, as well as the Special Conditions that may apply in specific cases with prior notice, are expressly and without reservations accepted by the user by the sole fact of accessing the PLATFORM provider space and/or using any of the services of the Provider Space on the PLATFORM.
When access and use of certain materials and/or services from the Provider Portal is subject to Special Conditions, these Special Conditions will be previously notified to the user, and when appropriate, they will replace, complete and/or modify the General Terms listed here.
Access and use of such materials or services subject to Special Conditions imply, consequently, full compliance to the Special Conditions that regulate them in the published version in the moment the user access them, being such Special Conditions automatically incorporated to the current General Terms.
In the event of inconsistencies between the terms and conditions in these General Terms and Special Conditions, the terms agreed in the Special Conditions will always prevail but only in respect to inconsistent provisions and to material and services from the Provider Portal subject to such specific regulation.
The COMPANY may modify unilaterally and without prior notice, the provision, configuration, content and services of the PLATFORM Provider space, as well as its General Terms.
In the event that the user does not accept these General Terms or Special Conditions, the user should refrain from accessing the Supplier Space or in case of having accessed, the user should abandon the space. In addition, the non acceptance will allow the COMPANY to automatically resolve the agreement with the supplier for its Portal use.
PERIOD OF THE CONTRACT
There is a minimum permanence of one year in our platform for type Foundries and type designers (PROVIDERS). An annual automatic renewal takes place unless communicated a month in advance the nonrenewal of a contract.
In addition, issues with PROVIDER could be resolved in the following cases:
- Breach of obligations on this contract by the PROVIDER.
- Mutual agreement by both parties.
- Rejection of substantial modification of contractual condition by the COMPANY, provided there´s notification within the required period.
If the PROVIDER unsubscribes correctly from the PLATFORM, their typographic fonts will be removed from the catalogue and the monetary amount accumulated and not withdrawn, will be discarded and kept by the COMPANY. In the event the contract termination is due to the provider’s responsibility, the COMPANY could claim relevant damages.
LETRS will not pay a fixed rate to the PROVIDER. The payable amount will consist on 70% of the monthly invoice issued to CLIENTS in relation to the use of the Provider´s fonts.
Invoicing will be on a monthly basis issued by the program. The COMPANY will pay the PROVIDER in the first 5 days of the following month through a bank transfer to the account indicated by the Provider. Once the invoice is sent, it is considered as accepted by the PROVIDER if not stated otherwise within 5 days.
Providers are able to consult the use of their fonts through the platform.
The Provider authorizes LETRS to grant free trials to CLIENTS with a maximum of three months per CLIENT. Free trials to CLIENTS are not paid to the PROVIDER.
The Provider authorizes LETRS to fix a price appropriately to each CLIENT.
The Provider is fully informed that educational institutions (universities, design schools, etc..) have free access to the Platform for all their design students.
Type Foundries and type designers don’t have to pay any amount to use the Platform, provided that the use is a provider and not a client.
PROVIDER SPACE USE INFORMATION
LETRS provides the PROVIDER a mediation service through the PLATFORM, owned by such PLATFORM. Such that LETRS undertakes hosting the PROVIDER products in its PLATFORM for third parties (customers) to access their use, in the conditions that regulate the current General Terms as well as the Special Terms which apply.
Through the PLATFORM, the company puts the catalogue of typographic fonts available to end customers for its use within the educational area, as well as to end professionals in print form, projection, broadcasting and web banner campaigns, excluding the use as web fonts, mobile applications, video games and other digital content.
Once the PROVIDER content is hosted, it will be subject to a revision period by the COMPANY before incorporating it in the catalogue of typographic fonts offered on the PLATFORM. In line with above mentioned, the COMPANY reserves the right to incorporate their typographic fonts in its catalogue.
From the moment of incorporating their typographic fonts in the catalogue, it will be available to end customers under the established conditions.
The PROVIDERS and LETRS don’t have a mutual exclusivity agreement.
The COMPANY is not responsible of any hacking or illicit access to the Platform and subsequent use of the fonts obtained. In this sense, the PROVIDER states that the PLATFORM protection system is considered adequate. The COMPANY limits itself to identifying users and sending the available information to the font owner in order to undertake the appropriate legal actions. The PROVIDER, in this respect, will not claim possible damages to the COMPANY.
Basic analytical information of font use will be given at no charge to the PROVIDER in their Platform session. Basic information is considered as time of use or font activity, a rank of the 5 most used fonts and their geographical position.
Information not mention in the above paragraph is considered as complex analysis, the COMPANY may charge to provide this information. Such price is sent by email within 15 days of receipt of request from Provider.
LETRS AND CUSTOMERS RELATIONSHIP
LETRS oblige every new CLIENT to sign a General Term contract. This contract is accessible on the web and the Provider may consult if deemed appropriate at any time. In this regard, the PROVIDER states knowing the obligations required by CLIENTS and considers fully satisfactory to defend their own rights.
The Providers may have to ask expressly LETRS if they want to know about the particular conditions with a particular client.
OBLIGATIONS AND RESPONSIBILITIES BY THE WEBSITE USER-PROVIDER.
The Provider can only access the services and materials on the Provider Portal through means and procedures available in such Provider web space or means frequently used on the Internet for such purpose, provided that it does not violate Intellectual/Industrial Property Rights, or harms the Provider web space, information or services offered.
In no case, the use of the Provider Portal may infringe the current law, morals, decency and public order, and it shall make at all times proper and lawful use of the services, information and materials in the Provider Portal.
The Provider agrees to:
- Legal age in accordance with Spanish Law, or comply with legal obligations in a company case, and have the ability to assume the rights and obligations established in the Special and General Terms, exempting the COMPANY from any liability of violation of the provision.
- Have all the means and technical requirements that are needed to access the PLATFORM.
- The Provider is the solely responsible for upload and catalogue their typographic fonts in the PLATFORM following LETRS standards. LETRS has the role of overseeing compliance with their standards.
- Provide truthful information when filling in personal data on the PLATFORM forms and always keep them updated so that it responds to the actual situation of the provider.
- The provider is solely responsible of false or inaccurate statements and damages caused to the COMPANY or third parties for the information provided.
- Accept the Special Conditions in regards to specific services, as specified in these General Terms or where applicable, in the Special Conditions of these services.
Adding to the above mentioned paragraph, the user should also refrain from:
- Access or try to access resources or restricted areas on the PLATFORM, without fulfilling the conditions required for such access.
- Damage physical or logical systems on the PLATFORM, its providers or third parties.
- Introduce or spread computer viruses or any other physical or logical system susceptible in creating damage to physical and logical systems of the COMPANY, its providers and other Users.
- Try to access, use and/or manipulate data from the COMPANY, third party providers and other Users.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify content, unless you have obtained authorization of the corresponding rights or it is legally permitted.
- Delete, hide or manipulate notes on intellectual or industrial property rights and other data identifying rights of the company or third parties included in the content as well as technical protection devices or any information mechanisms that may be included in the content.
- Obtain or try to obtain content by using different means and procedures other than those, as appropriate, have been made available for this purpose, in general, those normally used on Internet and do not pose a risk of damage or deactivation of the PLATFORM.
- Host contents in the Provider web space damaging Intellectual and/or Industrial Property of rightful owners.
- Use services and materials provided through the Providers Portal contrary to the General Terms and/or Special Conditions that regulate the use of a specific service and/or content, and in detriment or prejudice to the rights of other users.
- Include, without previous written authorization by the COMPANY, on web pages liable or property of the user or non authorized third parties, “metatags” from brands, logos, brand names or distinctive marks owned by the COMPANY. Use brands, logos, brand names or any other distinctive mark subject to intellectual or industrial property rights, without prior written authorization by their rightful owner.
- Specifically, and merely indicative and not exhaustive, the User agrees to not transmit, distribute or make available to third parties; information, data, content, messages, graphics, pictures, sound and/or image files, photographs, recordings, software and, in general, any type of material that:
- In any way will contradict, undervalue or threaten fundamental rights and public freedoms recognized in the Constitution, International Treaties and current Law.
- Induce, incite or promote criminal, slanderous, defamatory, violent acts or, in general, contrary to law, morality, generally accepted good customs or public order.
- Induce, incite or promote discriminatory acts, behaviours and thoughts on grounds of sex, race, religion, creed, age or condition.
- Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and good customs generally accepted or public order.
- Induce or be able to induce an unacceptable state of fear and anxiety.
- Induce or incite to engage in dangerous practices, harmful to our health and mental balance.
- It is protected by Intellectual or Industrial Protection Legislation owned by the COMPANY or third parties without prior authorization of the intended use.
- It is contrary to the honour, personal and family privacy or to the image of the individuals.
- It constitutes any type of advertising.
- Includes any virus or program that prevents the normal functioning of the Website.
A password will be provided to access some of the services and/or content on the PLATFORM, you are liable to use it diligently, keeping it to yourself at all times. The user/password information provided, is personal and non-transferable.
Consequently you are responsible of its proper safekeeping, confidentiality, agreeing not tranfering to third parties, temporary or permanently, nor to allow access to the above mentioned services and/or contents by people other than the user.
Similarly, you are liable to notify the COMPANY of anything that could suppose a password misuse, such as, including without limitation, theft, loss or non-authorized access, with the purpose of proceeding to its immediate cancellation.
Consequently, if the mentioned above notification does not take place, the COMPANY is exempt from any liability arising from your password misuse, being your responsibility any illicit use of content and/or services of the website by any unauthorized third party.
You will defend, compensate, and keep the COMPANY harmless against any damages arising from claims, actions or claims by third parties as a consequence of their access or use of the PLATFORM.
You are also liable to indemnify the COMPANY against any damages arising from the use of ¨robots¨, ¨spiders¨, ¨crawlers¨ or similar tools used for the purpose of collecting or obtaining information, or any other act from your part that imposes an unreasonable burden on the operation of the PLATFORM.
You are liable to the COMPANY or third parties, for any type of damages generated as a consequence of noncompliance or violation, direct or indirect, of the current General Terms.
The COMPANY will at all times safeguard for the respect of the current legal system, and reserves the right to discretely deny total or partial, in any moment and without prior notice, access to any user to the PLATFORM Provider Space, when one or several circumstances mentioned in the current clause occurs.
INDUSTRIAL AND INTELLECTUAL PROPERTY.
You must own or have proper authorization to make use the typographies you upload and sold through the PLATFORM. Failing this and in case of possible infringement of the intellectual and industrial property regulation, the COMPANY may terminate the contract with the USER and withdraw their typographies from the catalog on the platform, without any right to receive compensation or penalties in his/her favor. In any of the cases mentioned above, the USER is solely liable to any third party claim.
The USER authorizes the COMPANY the use of brands and brand names of the products sold with the purpose of advertising on the web (share products in social networks, advertising, etc). As well as include their work in the demo version of the application, with the sole purpose of improving the final product.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on the PLATFORM, as well as the site, as a multimedia art piece, are copyright protected by the intellectual property legislation.
The COMPANY owns the elements that integrate the graphic design for the PLATFORM, the menus, navigation buttons, HTML codes, texts, images, textures, graphics and any other content on the Web Site. In any case it has the authorization to use such elements. The content provided on the PLATFORM cannot be reproduced as a whole or partly, nor transmitted, nor registered by any information collecting system, in any form or means, unless prior written authorization of such Entity.
It is also prohibited to delete, ignore and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanism that contains content.
The User of this PLATFORM agrees to respect the rights mentioned above and avoid any act that could damage them, in any case the COMPANY reserves exercise of any means and legal actions in defense of their intellectual and industrial property legitimate rights.
To use the Provider web space, Users have to first provide their personal information. The COMPANY will give this data the corresponding computerized processing according to their nature or purpose, as stated in the Data Protection Policy section.
Personal Data will be computerized processed by the COMPANY in accordance with 15/1999 Law of December 13 of Personal Data Protection and RD 1720/2007 and any other regulation that applies. The User can access the policies applied in the processing of the personal data as well as their purpose in accordance to the conditions stated in the Data Protection Policy.
The COMPANY is not responsible if unable to provide service, due to a long electric interruption, telecommunication lines, social conflicts, strikes, rebellions, explosions, floods, acts and omissions from the Government, and in general any force majeure or unforeseen circumstance.
DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION.