We reserve the right to modify and update the TOS from time to time. We will post notice of any such modifications on this Website. You can always review the most recent TOS at https://www.hype-type.com/terms-and-conditions. The Website will be governed by the then-current version of the TOS at the time of your use. If you use the Website after any such modification or update to the TOS, you consent to those modifications or updates. Modifications will not be applied retroactively.
We may also, from time to time, add additional products, features, or services or modify, suspend, or discontinue certain existing products, features, or services available on the Website. New or modified products, features, or services will be governed by this Agreement, as well as any applicable agreement published in connection with those products, features, or services (such as a EULA, or a new terms of service document). Kidstudio will not be liable to you or any third party for suspending or discontinuing any product, feature, or service.
You acknowledge and agree that you bear the entire risk of use of this Website and all products and services contained herein.
All use of the font software offered on the Website is governed by the terms of the applicable End User License Agreement (“EULA”) that accompanies or is included with such software. You will not be able to download or install any font software without agreeing to the terms of the applicable EULA. Depending on the number of devices you wish to obtain a license for, among other factors, your EULA may be either a click-through agreement available on the Website or a paper contract. For the purposes of clarity, this Agreement does not cover font licensing.
You agree to use the Website for lawful purposes only. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, any Kidstudio Property (defined below), or any portion thereof for any commercial purpose without the express written consent of Kidstudio. You may not use the Website in any way that may, in Kidstudio’s discretion, damage or disable Kidstudio systems or equipment, or interfere with other users’ ability to access and use the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website or any systems or networks connected to the Website or any Kidstudio server or system by hacking, password “mining” or any other means, or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website.
Additionally, you hereby acknowledge and agree that you will not:
All content included on this Website, including all text, images, fonts, graphics, logos, button icons, digital downloads, data compilations, page designs, navigation systems, and software, as well as the overall structure and “look and feel” of the Website, the typefaces, the Trademarks, and all of Kidstudio’s fonts, designs, software, trademarks, copyrights, or other intellectual property, and all other related items of Kidstudio intellectual property made available to you (collectively, the “Kidstudio Property”), are the property of Kidstudio or its content suppliers and protected by EU and international copyright laws. The compilation of all content on this Website is the exclusive property of Kidstudio and protected by U.S. and international copyright laws. The content may not, except under written license, be copied, reproduced, transmitted, displayed, performed, sold, offered for sale, transferred, assigned, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Kidstudio’s prior written consent, except to the extent such use is authorized under the EU copyright laws. All software used on this Website is the property of Kidstudio or its software suppliers and is protected by EU and international copyright laws.
You acknowledge and agree that Kidstudio is and will be the exclusive owner of all worldwide right, title, and interest in and to the Kidstudio Properties and the Service, including, without limitation, all copyright, patent, trademark, trade secret, and other intellectual property rights, in and to the Kidstudio Properties and the Service. Any and all modifications, customizations, variations or adaptations to the Kidstudio Properties or Service, regardless of origin, shall automatically be deemed to be included in the definition of “Kidstudio Properties” and/or “Service” as applicable hereunder and shall become part of, and subject to, this Agreement.
You agree not to challenge Kidstudio’s rights in or to the Kidstudio Properties, the Service, or the validity of any intellectual property or other right of Kidstudio therein, or to infringe Kidstudio’s rights therein.
Kidstudio attempts to be as accurate as possible. However, Kidstudio does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Prices are subject to change without notice.
The Website may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The presence of any such links does not mean that Kidstudio endorses these sites. You acknowledge and agree that Kidstudio is not responsible or liable for the content or accuracy of any other site.
This Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website are provided by Kidstudio on an “as is” and “as available” basis, unless otherwise specified in writing. Kidstudio makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, Kidstudio disclaims all warranties, express or implied, including but not limited to, any warranties of non-infringement, merchantability and fitness for a particular purpose. Kidstudio does not warrant that this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, Kidstudio’s servers, or any email sent from Kidstudio are free of viruses or other harmful components.
Kidstudio will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, including any lost profits or lost savings, loss of goodwill, business interruption, work stoppage, loss of data, computer failure, damage or malfunction, or for any claim by any party, even if Kidstudio has been apprised of the possibility of such damages, and regardless of the theory upon which such claim is based (including contract tort, strict liability, negligence or otherwise), unless otherwise specified in writing. Kidstudio’s total cumulative liability for all claims related to your use of this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website will not exceed €100.00. Certain national laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. The disclaimers of warranty and liability set forth in this Section constitute an essential part of this Agreement.
You, at your sole expense, shall indemnify Kidstudio, its agents, employees, officers, directors, shareholders, advisors, successors, and assigns and any of their affiliates, and hold them harmless against all losses, damages, claims, expenses (including, but not limited to, third party claims and attorney’s fees and court costs) (any of the foregoing, a “Loss”) arising out of or resulting from: (i) any use of the Website by you, (ii) any breach of this Agreement by you or (iii) violation of any rights of a third party, by you. Your indemnification obligation does not apply to Losses resulting entirely from Kidstudio’s gross negligence or willful misconduct.
Kidstudio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Terms that by their nature survive termination shall survive the termination of this Agreement.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company. You may not assign, transfer, or sublicense this Agreement to anyone else. Any attempt by you to assign this Agreement will be void ab initio.
Kidstudio shall not be liable for damages resulting directly or indirectly from acts of nature, forces or causes beyond Kidstudio’s reasonable control including, but not limited to: internet failures, network failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, acts of God, terrorist action, acts of civil or military authority, government actions, fires, epidemics, riots, wars, sabotage, insurrections, labor shortages, or disputes.
This Agreement and all rights and obligations under this Agreement shall in all respects be governed by, and construed and enforced in accordance with, the laws of Italy, but without regard to its conflicts of laws or choice of forum rules. Licensee hereby irrevocably submits to personal jurisdiction in Italy over any legal suit, action, or proceeding arising out of or relating to this Agreement or the relationships created by or under this Agreement (“Action”). Jurisdiction and venue of any Action shall, at the election of Kidstudio, be in (and if any Action is originally brought in another venue, the Action shall at the election of Kidstudio be transferred to) a court of appropriate jurisdiction located in Italy. Licensee hereby waives and agrees not to assert, as a defense to any Action or a motion to transfer venue of any Action, any claim (a) that it is not subject to such jurisdiction; (b) that any Action may not be brought against it or is not maintainable in those courts; (c) that this Agreement may not be enforced in or by those courts; (d) that it is exempt or immune from execution; (e) that the Action is brought in an inconvenient forum; or (f) that the venue for the Action is in any way improper.
No failure by either party to object to any breach of any provision of this Agreement shall constitute a waiver of such provision, a waiver of any other breach, or a waiver of any other provision of this Agreement.
The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof. To the fullest extent permitted by law, if any provision of this Agreement, or the application thereof to any Person or circumstance, is invalid or unenforceable (a) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (b) the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected by such invalidity or unenforceability.