Term of Service
Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop. These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
Contractual partner, formation of contract, options for corrections
The contract is concluded with Missionflats Type. By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
Contract language, saving of the contract text
The language(s) available for concluding the contract: English The text of the contract will not be saved by us.
Subject of the contract and rights of use
Subject of the contract is the acquisition of digital content (fonts). Scope of service is restricted to cession of a copy of the product by means of a download. Possibly required installation of the product on your device is not covered by our scope of service. Our products are protected by copyright. We grant you the non-exclusive and timely restricted right to use for your own purposes as it is within the normal use. In particular, change, editing as well as reproduction in public are forbidden. Any copying that is not covered by normal use is not allowed.
Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
Payment
After submitting the order, you will be forwarded to Stripe’s online website. To pay the invoice amount via Stripe, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the ordering process. Directly afterwards, the payment transaction is carried out automatically by Stripe (510,Townsend St. San Francisco, CA 94103).
Disclaimers
Your use of the website is entirely at your own risk. The website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Missionflats makes no warranties or representations about the accuracy or completeness of the content provided through the website or third-party content linked to the website and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of Missionflats’s secure servers and/or any and all personal information stored therein. Missionflats does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third-party person through the website or any hyperlinked website or featured in any banner or other advertising and Missionflats will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.Without limiting the foregoing, none of the Missionflats parties (defined below) warrant that access to the website will be uninterrupted or that the website will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the timeliness, accuracy, reliability, completeness, or content of any content, information, or materials provided through or in connection with the use of the website. None of Missionflats parties shall be responsible for the conduct, whether online or offline, of any user. None of the Missionflats parties warrant that the website is free from viruses, worms, trojan horses, or other harmful components. The Missionflats parties cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.
Limitation of Liability
You acknowledge and agree that Missionflats is only willing to provide the website if you agree to certain limitations of Missionflats’s liability to you and third parties. Therefore, you agree not to hold Missionflats or any of its past, present, or future parent, subsidiary, or affiliate companies or any of their respective past, present, or future officers, directors, stockholders, managers, members, partners, employees, contractors, affiliates, content partners, vendors, licensors, distributors, advertisers, other contracting persons, agents representatives, successors, or assigns (collectively, the “Missionflats parties”) liable for any suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other person’s losses (defined below), including as a result of your use of or inability to use the website, including, without limitation any claims arising in connection with the conduct, act, or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by Missionflats or its affiliates or licensors and any destruction of your information. Under no circumstances will any of the Missionflats parties be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising in connection with your use of or inability to use the website, even if advised of the possibility of the same. Some country or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that any of the Missionflats parties is liable for losses, in no event will the aggregate liability, whether arising in contract, tort, strict liability, or otherwise, exceed one hundred U.S. Dollars ($100.00).You and Missionflats agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor Missionflats will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Missionflats acts or proposes to act in a representative capacity. You and Missionflats further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, Missionflats , and all other parties to any such proceeding.
Indemnification
You hereby agree to indemnify, defend and hold harmless, Missionflats the Missionflats Parties, from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any claim brought by a third-party Person based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data; (iv) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any Person’s rights, including, but not limited to, any intellectual property rights or rights of privacy and publicity. The applicable Missionflats Parties shall promptly notify you in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve you of your obligations hereunder except to the extent such delay prejudices the defense of such claim) and give you the opportunity to defend or settle such claim at your sole cost and expense; provided, however, you shall not settle any such claim without the applicable Missionflats Parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the Missionflats Parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the Missionflats Parties will cooperate with you, at your sole cost and expense, in defending or settling such claim.
Website Access Requirements;Errors and Corrections; Updates and Maintenance
Access to and use of the Website requires a compatible mobile device or web browser and Internet connection. Although Missionflats endeavors to ensure that the Website is compatible across various devices, Missionflats cannot guarantee that the Website will work with all devices and hardware types. It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Website may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and Missionflats accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, operating system or settings and software). It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges). Missionflats does not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Website or Website Content, will always be accessible. Missionflats does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Missionflats’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Missionflats is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. Additionally, perfect security does not exist on the Internet; Missionflats cannot and does not guarantee that any Registration Data, User Content, or other personally identifiable information submitted, uploaded, posted, or transmitted in or to the Website will not become public under any circumstances. Missionflats may in the future update the Website, or any portion thereof, to change the Website Content and/or features thereof at any time (an “Update”). Missionflats shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content, or portions thereof, arising from or in connection with an Update. Furthermore, Missionflats is under no obligation to undergo an Update to the extent any Website Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.