You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify PhotoAffections immediately of any unauthorized use of your account or password or any other breach of security that is known or suspected by you.
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services, (ii) the ability to browse the Services and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
User Conduct and Your Content
The Site, Services and products ("Products") that we offer are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Site, Services or Products except as may be permitted by these Terms, and you may not access or use the Site or the Services for any commercial purpose whatsoever. Any use of the Site or the Services other than as specifically authorized in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by PhotoAffections.
In accessing and using the Site and the Services, you may submit to us your own images, photographs, text or other content (collectively "Your Content"). By submitting Your Content to us, you give us permission to store Your Content on our servers and use your content for the limited purpose of providing the Site and Services. We will not use Your Content to market, promote or advertise the Site or Services without your express written permission. You represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services.
You are solely responsible for Your Content that you stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, "transmit") via the Site or the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content from the Site or Service, suspending or terminating the account of such violators and reporting the violators to appropriate law enforcement authorities. As a condition for accessing and using the Site or Service, you agree not to use the Site or Services to:
- Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors and otherwise), hateful or abusive, or is otherwise similarly objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation; (d) characterizes any unlawful activity as acceptable, glamorous or desirable; or (e) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; or (f) contains images or the likeness of minors without the consent of a parent or legal guardian;
- Harass any other user of the Services or to impersonate another person by any means including by using her/his email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Violate any applicable local, state, national or international law, regulation or rule;
- Incites or advocates terrorism or violence;
- Transmit or make available any content that you do not have the lawful right to transmit, that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;
- Engage in any conduct that would interrupt, destroy, limit or harm the Site and/or the Services or enable you to gain unauthorized access to the Site or the Service, including without limitation by using viruses, Trojan horses, worms, malicious computer code, programs or files;
- Reproduce, copy, sell, or commercially use (including the right to access) the Site or the Service;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Site or Services by electronic or other means; or
- Further or promote any criminal activity or provide instructional information about illegal activities.
In case of any violation of the above, and without limitation, we reserve the right to terminate your account and/or to block you from accessing the Site and Services and to disclose any information necessary to comply with any law, regulation, rule or governmental request.
PhotoAffections Intellectual Property
You acknowledge and agree that the Site and Services contains software and content ("PhotoAffections Intellectual Property") that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and owned by PhotoAffections and/or its licensors and affiliates.
Without limitation, we own the PhotoAffections and FreePrints trademarks and logos and all of our other trademarks and logos used in connection with the Site and Services (the "PhotoAffections Trademarks"). Nothing in these Terms or otherwise grants any license or right to use any of PhotoAffections’ Trademarks without our prior written permission in each instance. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Site and the Services. All goodwill generated from the use of PhotoAffections Trademarks will inure to our exclusive benefit.
The use of prints, images or screen captures from the Site and Services is limited to your personal non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Site or Services. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the PhotoAffections Intellectual Property.
Third Party Intellectual Property
The images, photographs, card designs and other content (collectively, the "Third Party Content") contained in our Site and Services may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Third Party Content are provided for the convenience of certain users of the Services who are expressly authorized to use them by their owners. You may not use any third party intellectual property without such express authorization.
User Content Transmitted To or Through the Site and Services
We will need to work with Your Content in order to provide you with the Site and the Services. For example, we may need to copy, display, modify and transmit Your Content, and will distribute Your Content when shipping the Products to you. You are giving us permission to do this and, because we are using Your Content to provide you with the Site and the Services, you will not charge us any royalty. The permission you are giving us is worldwide in scope, and non-exclusive. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or individual photos and to order enlargements of your photos because you will not need to upload Your Content again. PhotoAffections agrees that its use of Your Content will be limited to the scope of the Services it provides. And rest assured that we will never use Your Content to market, promote or advertise the Site or Services to others without your express written permission.
Information You Provide to PhotoAffections
Any questions, comments, suggestions, ideas, feedback or other information about the Site or Services ("Submissions") provided by you to PhotoAffections are non-confidential, and PhotoAffections will be entitled to the unrestricted use and distribution of these Submissions for any purpose, without acknowledgment or compensation to you.
Practices Regarding Use and Storage
PhotoAffections may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PhotoAffections, its users or the public.
PhotoAffections may establish practices and limits concerning use of the Site and Services, including without limitation the maximum period of time that data or other content will be retained by the Site and Services and the maximum storage space that will be allotted on PhotoAffections' servers on your behalf. PhotoAffections will have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by or on the Site or the Services. You acknowledge that PhotoAffections reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PhotoAffections reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Third Party Services
You may enable various online services, such as social networking sites, to be directly integrated into your PhotoAffections experience. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Services, you are allowing and authorizing us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content (including but not limited to content such as photographs) from such third party services. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and PhotoAffections will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
Third Party Sites/Products
From time to time, the Site and Services may include links to third party sites or products that we think may be of interest to you. We make no representations or warranties concerning such third party sites or products, and your use of and communications with such third party sites and products will be governed by the policies and rules of such third parties. Accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party sites or products.
Due to the personalized nature of the Products, all sales are final when you submit your payment and no refunds will be given. Please carefully review all proofs before finalizing your order. Note that shipping and handling charges may apply to Services that are otherwise offered on a free or promotional basis.
To the extent the Site or Services or any portion thereof is made available for any fee or charge (including without limitation shipping and handling charges), you will be required to select a form of payment and provide PhotoAffections information regarding your credit card or other form of payment authorized by PhotoAffections. You represent and warrant to PhotoAffections that such information is true and that you are authorized to use the selected form of payment. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PhotoAffections all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges you must let PhotoAffections know within sixty (60) days after the date that PhotoAffections invoices you.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SITE, SERVICES AND PRODUCTS AVAILABLE THROUGH PHOTOAFFECTIONS ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. PHOTOAFFECTIONS HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SITE, SERVICES AND PRODUCTS (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY, (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY PHOTOAFFECTIONS OR PHOTOAFFECTIONS' REPRESENTATIVES SHALL BE DEEMED TO CREATE A WARRANTY.
Limitation of Liability - General
PHOTOAFFECTIONS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL PHOTOAFFECTIONS BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT PHOTOAFFECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. PHOTOAFFECTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. IN NO EVENT SHALL PHOTOAFFECTIONS' LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO PHOTOAFFECTIONS FOR THE SPECIFIC SERVICES OR PRODUCTS IN DISPUTE DURING THE SIX MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE HAS OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES AND, IN SUCH JURISDICTIONS, PHOTOAFFECTIONS' LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability – Film, Prints and Negatives
WE STRONGLY SUGGEST THAT YOU DO NOT MAIL PHOTOAFFECTIONS ORIGINAL FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY FOR YOUR RECORDS. IF YOUR FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, PHOTOAFFECTIONS' SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.
Limitation of Liability – Data and Usage Restrictions
WITHOUT LIMITATION, PHOTOAFFECTIONS SHALL NOT BE LIABLE IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SITE OR THE SERVICES OR OTHERWISE. WE SUGGEST THAT WHEN AVAILABLE YOU USE YOUR MOBILE DEVICE WITH A WI-FI CONNECTION IN ORDER TO MINIMIZE THE LIKELIHOOD OF ANY OF THE FOREGOING OCCURRING TO YOU.
In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us (as Copyright Agent) with the following information at firstname.lastname@example.org (You may also contact us by mail or facsimile at: Avanquest North America Inc., dba Photoaffections, 750 Koll Center Parkway, Suite 150, Pleasanton, California 94566; 1-818-591-8885.
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
- your address, telephone number, and email address; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice: If you believe that the content that was removed (or access to it has been disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law to post and use the content, you may send a written counter-notice containing the following information to us (as Copyright Agent):
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by us (as Copyright Agent), we will send a copy of the counter-notice to the original complaining party/copyright owner. We will replace or restore access to the removed content in 10 business days unless the original complaining party/copyright owner notifies us that it is seeking a court order against the alleged infringing party to prevent further infringement of the content at issue. If we do not receive such notice we will replace or restore access to the removed content within 10 to 14 business days after receipt of the counter-notice.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, PhotoAffections has adopted a policy of terminating, in appropriate circumstances and at PhotoAffections' sole discretion, users who are deemed to be repeat infringers.
Termination of Account
You may terminate your account at any time. If you violate these Terms, we reserve the right to limit your access to the Site and Services or terminate your account. You agree that any termination of your access to the Site and Services and deactivation of your account under any provision of these Terms may be effected without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination and deactivation.
Special Notice for International Use; Export Controls
All software available in connection with the Site and Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Site or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk, and you must comply with all international and domestic law, regulations and rules regarding your use of the Site and Services.
You agree to release, indemnify and hold PhotoAffections and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, representatives and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs), actions and damages of all kinds based on, arising out of or in connection with your use of the Site and the Services and/or your breach of these Terms. If you are a California resident, you waive California Civil Code Section 1542, which states that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.
We reserve the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Any updates, new services or any modifications of existing Services will be governed by the Terms. The continued use of the Site or Services following the posting of changes to the Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms. All prices and features of the Site, Services and Products are subject to change without notice. We reserve the right to terminate your user account or your use of the Site and Services and discard Your Content at any time without notice.
We reserve the right to modify or discontinue, temporarily or permanently, the Site and the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
All disputes arising out of or otherwise relating to these Terms, the Site, Services and Products will be resolved under California law, irrespective of its choice of law rules. You hereby irrevocably consent to the exclusive personal jurisdiction and venue by the state and federal courts in Los Angeles County, California.
These Terms constitute the entire agreement between you and us governing your use of the Site, Services and Products. If there is any conflict or inconsistency between these Terms and any other terms or conditions available elsewhere regarding the Site, Services or Products, these Terms will prevail and be given precedence.
The waiver of any right under these Terms will not operate as past, present or future waiver of that right or of any other right. No waiver shall be effective in any case unless acknowledged and agreed to by us in writing.
If any provisions of these Terms should be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the other provisions shall remain in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and PhotoAffections as a result of these Terms or the use of the Site or Services. PhotoAffections has the right to assign any or all of its rights and obligations under these Terms at any time; however, all rights that you may have under these Terms or otherwise in and to the Site and Services may not be assigned by you without the express written consent of PhotoAffections.
The Site and Services are offered by Avanquest North America Inc., dba PhotoAffections, located at 750 Koll Center Parkway, Suite 150, Pleasanton, California 94566. If you are a California resident, you may have a copy of these Terms emailed to you by sending a letter to the foregoing address with your email address and a request for such Terms.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Site and the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Acknowledgements - Android
ActionBarSherlock - Copyright 2012 Jake Wharton. SlidingMenu - Copyright 2012 Jeremy Feinstein. ActionBarSherlock, SlidingMenu. HoloEverywhere is licensed under the LGPLv3.
LICENSED FONT SOFTWARE
Copyright © 2013, Juan Pablo del Peral (email@example.com), with Reserved Font Names 'Alegreya Sans'; Copyright © 2014, Indian Type Foundry (firstname.lastname@example.org), with Reserved Font Names 'Hind'; Copyright © 2015, Cadson Demak (email@example.com), Copyright © 2014, Pablo Impallari (firstname.lastname@example.org), with Reserved Font Names 'Itim'; Copyright © 2011-2013, Cyreal (www.cyreal.org email@example.com), with Reserved Font Name 'Lora'; Copyright © 2015 by Vernon Adams (plus.google.com/+vernonadams/about), with Reserved Font Name 'Niconne'; Copyright © 2010-2012 by Claus Eggers Sørensen (firstname.lastname@example.org), with Reserved Font Name 'Playfair'; Copyright © 2013, Tiro Typeworks Ltd (www.tiro.com), with Reserved Font Name 'Slabo 13px'.
The Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the copyright statement(s).
"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting, or substituting -- in part or in whole -- any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
- Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
- Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
- No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
- The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written permission.
- The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
This license becomes null and void if any of the above conditions are not met.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.