1. Description of Services. Celartem, Inc., doing business as Extensis (‘Extensis’), provides web based services which enable fonts to display text on web pages (“Services”). The Services, fonts and Application Program Interface used to access the fonts are accessible at Extensis’ web site at http://www.webink.com (“WebINK Site”) and are all subject to the terms and conditions set forth below and including, without limitation, any applicable posted guidelines, instructions or requirements (“Terms of Service”). The most current version of the Terms of Service can be found at http://www.webink.com/terms. Extensis reserves the right to, from time to time, in its sole discretion to: (i) update or modify the Terms of Service; (ii) charge for or adjust the fees for certain Services and/or fonts; or (iii) add, remove, modify, limit or discontinue the Services and/or fonts.
  2. Acceptance of Terms, Limited License. If you use the Services and fonts provided through the WebINK Site, you agree to be bound by the most current version of the Terms of Service and you are responsible for ensuring that you are aware of and abide by the most current version of the Terms of Service. If you accept the Terms of Service and in consideration of payment by you of all fees due and owing to Extensis, Extensis grants to you a limited, personal, nonexclusive, and non-transferable (except as provided below) license to access and use the Services and fonts made available to you in connection with your purchased level of Services and fonts solely for the purposes of using the fonts to display text on web pages by means of the Services, and previewing the fonts in software or web pages provided by Extensis. Such use includes the right to use Photoshop in conjunction with the Services to create prototype and/or initial web page designs provided you do not publish works derived from the use of the fonts. You may transfer the Services for a web site or group of web sites to a third party provided you completely terminate your use of that web site or group of web sites, and the third party agrees to be subject to the Terms of Service and payment of all applicable fees. If you do not agree to the Terms of Service, including any subsequent updates or modifications thereof, your sole recourse is to immediately discontinue use of the Services and fonts.
  3. Account Conditions. In order to establish and maintain an account hereunder for access to and use of the Services and fonts, you must:
    • be able to form legally binding contracts. If you are a person, you must be at least eighteen (18) years of age;
    • provide your legal full name, a valid email address and any other information reasonably required by Extensis;
    • take all reasonable security precautions to safeguard your password, user ID and any other sensitive account information in connection with your access to and use of the Services and fonts.
    • You may not:
      • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • include personal or identifying information about another person without that person’s explicit consent;
      • employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content; and
      • establish any account by “bots” or any other automated means.
  4. Fees and Payments. Extensis’ then current and applicable fees can be found at http://www.webink.com/pricing. You must set up an account in order to pay for the fees and your selected fonts. Payments are due and owing annually in advance of your receipt of Services. The fees do not include any taxes, duties and fees and you will be responsible for any such applicable taxes arising out of your purchase and use of the Services and fonts, excluding any taxes based on Extensis’ net income.
  5. Term and Termination. You will have access to and use of the Services and fonts upon your selection and payment of the applicable Services and fonts. You may cancel Services at any time through your account, however any prepaid fees for Services and fonts are non-refundable.
  6. Support. You may contact Extensis for support at support@webink.com
  7. Conduct. You agree that you will not, and will not allow any third party to:
    • use, copy, modify, adapt, translate, lend, lease, rent, sublicense, assign, sell or otherwise transfer the Services and/or fonts to any third party except as may be expressly permitted under the Terms of Service;
    • decompile or disassemble, reverse engineer or otherwise attempt to discover any source code;
    • access and/or use the Services or fonts by any method other than as made available by Extensis, including but not limited to trying to extract any fonts from a web browser;
    • create any derivative works of the Services or fonts;
    • remove or obscure any and all proprietary notices such as patent, copyright and trademark notices accompanying the Services or fonts; all such proprietary notices shall be reproduced on any copies of the fonts that may be expressly permitted under the Terms of Service;
    • attempt to gain unauthorized access to Extensis’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the WebINK Site, Services or fonts;
    • engage in any unlawful activity, use the Services or fonts for any unlawful purpose, or otherwise violate the Terms of Service;
    • distribute viruses or any other technologies that may harm Extensis or its licensors and vendors;
    • copy or reproduce any portion of the WebINK Site, Services or fonts to any other server or location for further reproduction or redistribution; or
    • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the WebINK Site or Services.
  8. Extensis’ Additional Rights to Restrict Services. Extensis additionally reserves the right with or without notice to restrict, modify or terminate any or all Services or fonts, in whole or in part, if, in Extensis’ sole judgment, your use of the Services or the fonts (i) presents a material security risk or will interfere materially with the proper continued operation of Extensis’ data center or related services; (ii) violates applicable laws or governmental regulations, including without limitation consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer and telecommunications laws; (iii) may violate or infringe any intellectual property right of any party; (iv) violates export control regulations of the United States or other applicable countries; (v) is subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop; or (vi) violates the Terms of Service.
  9. Ownership of Intellectual Property. Extensis and its licensors shall retain all ownership right, title to and/or interest in any and all intellectual property and other proprietary and property rights in the Services and fonts, including but not limited to, all equipment, products, software, programs and services utilized by Extensis in connection with the Services.
  10. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES AND FONTS ARE ENTIRELY AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS ONLY. EXTENSIS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EXTENSIS DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE SERVICES OR FONTS. EXTENSIS DOES NOT GUARANTEE THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SERVICES OR FONTS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  11. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL EXTENSIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, RESTRICTION OR TERMINATION IN CONNECTION WITH THE SERVICES OR FONTS. IN NO EVENT SHALL EXTENSIS’ LIABILITY FOR ANY OTHER DAMAGES EXCEED THE AMOUNTS PAID BY YOU TO EXTENSIS FOR USE OF THE SERVICES AND FONTS DURING THE PRECEDING TWELVE (12) MONTH PERIOD FROM WHEN THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE OR ANY OTHER BASIS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  12. Any software available or used in connection with the Services and fonts are unpublished software, trade secret and confidential or proprietary information of Extensis or its licensors and is developed at private expense. Such software is comprised of “commercial items”, “commercial computer software” and “commercial computer software documentation” as defined in FAR 2.101, DFAR 252.227-7014(a)(1) and DFAR 252.227-7014(a)(5). Consistent with DFAR 227.7202 and FAR 12.212, any use, reproduction, display, or disclosure by the US Government shall be governed solely by the Terms of Service.
  13. Notice and Procedure for Claims of Copyright Infringement:
  14. If you believe that any material made available through the Services or the WebINK Site infringes your copyrighted material, you must notify Extensis’ designated agent at: Email Address: info@webink.com.

    In order to have an effective notification of an alleged claim of copyright infringement, Extensis’ designated agent must receive the following information:

    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the location of the material that is claimed to be infringing, with enough detail so that Extensis may locate it;
    • A statement that the person providing the notification has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by the person providing the notification declaring under penalty of perjury that (a) the above information in the notice is accurate, and (b) that the person providing the notification is the owner of the copyright interest involved or is authorized to act on behalf of that owner;
    • The address, telephone number, and email address of the person providing the notification; and
    • The physical or electronic signature of the person providing the notification.
    • Upon receipt of an effective notice, Extensis will take appropriate action pursuant to the procedures outlined in Section 512 of Title II of the Digital Millennium Copyright Act (DMCA).
  15. Extensis shall not be liable for any delay or failure to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Extensis, including, but not limited to, labor disputes, strikes, other lab or industrial disturbances, acts of God, floods, lightning, shortages of materials, rationing, utility or communications failures, earthquakes, casualty, war, acts of the public enemy, riots, insurrections, embargoes, blockages, actions, restrictions, regulations or orders of any government, agency or subdivisions thereof.
  16. General. The Terms of Service constitutes the entire agreement between you and Extensis with respect to your access to and use of the Services and Fonts. Any and all disputes in connection with the Services and fonts shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. The failure of Extensis to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.
  17. Contact Information. If you have any questions about the Terms of Service Services, fonts, practices of the WebINK Site, or your dealings with the WebINK Site, please send your questions to info@webink.com