This page outlines the Terms of Service for use of this website, and for the relationship between the Second Circle Font Foundry (hereafter: “we,” “us,” or “the Foundry”) and our customers (hereafter: “you” or “Customers”). These Terms of Service also include the Privacy Policy for this website. You agree to abide by these Terms of Service when you engage in any of the following activities:
- Reading this website
- Emailing the Foundry
- Purchasing Foundry fonts directly from the Foundry
- Purchasing Foundry fonts from MyFonts.com
- Using Foundry fonts that you have purchased
Overview
The Foundry designs and creates digital fonts that can be installed and used with a wide range of design and desktop publishing applications for computer, tablets, and other devices. Fonts are distributed to customers as font files in standard formats including (but not limited to) OpenType Font (OTF), TrueType Font (TTF), and Web Open Font Format (WOFF) files. For a description of the design characteristics and target audiences for our fonts, please read our Foundry Page on this website.
The fonts created by the Foundry fall into two broad categories:
- Designer Fonts are listed in our Font Portfolio and available to be purchased through our distributor, Monotype Imaging, Inc, on MyFonts.com. These fonts have been created specifically to be listed for sale to the general public.
- Custom Fonts are created for customers by special request. Instructions for requesting fonts can be found on the Request A Font page on this website. These fonts are not available to the general public unless a specific agreement has been made with the customer who commissioned the font.
References on this page to “our fonts” and “Foundry fonts” refer collectively to all fonts in both of these categories.
Legal Sales
Designer Fonts are only available for purchase through our distributor, Monotype Imaging, Inc, on their distribution platforms, such as MyFonts.com. You can find detailed information about these fonts on our Font Portfolio page, but you will be redirected to our distribution partner for purchases.
Custom Fonts are only sold directly by the Foundry. Instructions for requesting a Custom Font can be found on the Request A Font page on this website.
If you come across any of our fonts advertised for sale from any other providers they are not authorized and you should let us know immediately.
Privacy Policy
This website does not collect any information from you. You cannot create an account, leave comments, or upload content. The website does not display ads or other embedded third-party content.
Customers who request and purchase Custom Fonts are asked to provide limited information that is needed to complete the business transaction; specifically, customers provide their name and email address for communication about the font specifications and delivery of the final product, and the customer completes payment using a payment provider gateway of their choice (e.g. PayPal, Venmo, Zelle). We do not retain information about your payment provider after the completion of the transaction, apart from that information legally required for accounting records. We may ask to put your name and email address on a mailing list for you to receive notifications about new font releases. We will never retain your information or email you without your explicit written consent.
Customers who purchase Designer Fonts through our distributor should read the Privacy Policy and Terms and Conditions of their website:
- MyFonts.com Terms and Conditions
- MyFonts.com Privacy Policy
- MyFonts.com Returns Policy
General Representation and Warranty
When you purchase and use any of our fonts, you represent and warrant that your use of Foundry fonts:
- Will be in strict accordance with the EULA (End User License Agreement) that you receive with the font(s) that you purchased from us.
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of the Second Circle Font Foundry or any third party;
- Will not involve reverse engineering, disassembling, or plagiarizing our fonts or any elements or subsets of our fonts;
- Will not involve renting, leasing, loaning, selling, or reselling our fonts.
Changes
We may modify this agreement from time to time, for example, to reflect changes to the terms (e.g., adding or updating information about sales, distribution, or marketing of our fonts) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes by changing the “Last Updated” date on this page. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended terms will be effective immediately. By continuing to use this website and/or our fonts, you agree to be bound by the new terms. You have the right to object to any changes at any time by ceasing your use of our fonts and this website.
Disclaimers
This website and our fonts are provided “as is.” The Second Circle Font Foundry and its distributor(s) hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Second Circle Font Foundry, nor its distributor(s), makes any warranty that the products we provide will be error free or that access to our website will be continuous or uninterrupted. You understand that you download or otherwise obtain our fonts and information provided by this website your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Louisiana, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in New Orleans, Louisiana, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
Limitation of Liability
In no event will the Second Circle Font Foundry, or any of its suppliers, partners, or distributors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to the Second Circle Font Foundry under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. The Second Circle Font Foundry shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless the Second Circle Font Foundry, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with our services or applicable law.
Final Notes
This Terms of Service Agreement (together with any other terms we provide when you purchase a license to use our fonts) constitutes the entire agreement between the Second Circle Font Foundry and you. If any part of this agreement is unlawful, void, or unenforceable, that part is severable from this agreement, and does not affect the validity or enforceability of the rest of this agreement. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.