Tipo de Letra
General Terms and Conditions of Use of the Website
General Terms and conditions governing the use of the services, products and rights that Tipo de Letra (see definition 26) makes available to the End User (see definition 27) through the Website (see definition 22).
In order to acquire “End User” (see definition 27), status it will be necessary to (i) check/tick the “Place Order” (“Hacer pedido”) box; and (ii) pay for the corresponding License(s) (see definition 7) and download one or more specimens of the Font Software (see definition 25).
By acquiring an “End User” status — or by the mere fact of using the Website — you (i) declare that you are of legal age or that you have the supervision and authorization of the person exercising conservatorship/parental authority/custody (or an equivalent position) over you; (ii) accept these terms and conditions; (iii) accept the End User License Agreement; (iv) authorize the processing of your personal data in terms of section 5; (v) declare under oath that you have the explicit consent from the third parties if any, whose personal data you have provided to provide such personal data to Tipo de Letra for processing in terms of section 6; and (vi) authorize the transfer of such personal data in terms of section 6, reserving the right to revoke this authorization at any time.
Use of the Website (see definition 22) — as well as of the License (see definition 7) and Font Software (see definition 25) that are/may have been, purchased — shall be subject to these terms and conditions to the End User License Agreement.
Definitions
The terms defined below shall have the meanings assigned to them:
Term | Definition |
---|---|
Mobile Applications | Computer programs created especially for use in portable electronic devices, especially smartphones. |
Files | A set of digital data that can be processed in and/or by a program or by a computer operating system. For the purposes of this contract, any reference to "files" shall also be understood as a reference to "Font Software". |
Downloadable Content (DLC) | Software ancillary to the Font Software that may optionally be downloaded to complement and add additional functions or features to it. |
End User License Agreement. | Agreement that (i) is permanently embedded in the files of the Font Software; (ii) sets forth the authorized uses and restrictions for each class of License; and (iii) is ancillary to these terms and conditions, and combined herewith, forms the entire agreement between Tipo de Letra and the End User. |
Intellectual Property Rights | Means all the rights held by the creator and/or owner over/to the works and benefits deriving from his creations. Such creators and/or owners may include artists, producers, broadcasters, distributors, etc. |
Digital Publishing | This refers to those services and products traditionally occupied by digital publishing and printing houses and may include the editing, publication, distribution and sale of written texts in digital media. |
Workstation | A single electronic device that performs computer processing, work and/or storage. |
License | Agreement whereby Tipo de Letra allows a single person the non-exclusive use of a single Font Software for certain purposes, which purposes may only vary according to the type of License the person purchases. |
App License | License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to embed the Font Software in an mobile application or software (and its web/web-based version) or host it through a web server to display the text of an application in, and up to the maximum number of distributions and users — whether registered or not — established in the End User License Agreement. |
Broadcasting License | License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to install and use the Font Software to use it only as part of one of the broadcasting projects: A single feature film/short film; Content published by a single traditional or Internet-based broadcast channel; A single franchise of a single series (and the chapters/episodes thereof); or A single video advertising campaign related to a single Brand —whether for personal or business use — on an unlimited number of platforms. |
All Inclusive License |
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to use the Font Software for the following: ⦁ Embedding it in an unlimited number of mobile applications or software (and the web/web-based versions thereof) or hosting it through a web server to display the text of an application for an unlimited number of distributions and users, whether or not they are registered; ⦁ Installing it to embed or use it as part of any number of films; short films; content published on traditional broadcast or Internet-based channels; series franchises (and the chapters episodes/episodes thereof); and/or video advertising campaigns related to a single Brand for broadcast on any number of platforms; ⦁ Installing it on an unlimited number of Workstations and using it to create commercial products — whether physical or digital — that bear any of the characters included in the Font Software and use them as their main visual content; ⦁ Installing and using it to create any number of designs, images, printed publications or pieces of Digital Publishing, whether for commercial use or not; and ⦁ Embedding it into an unlimited number of video games for an unlimited number of distributions, either for commercial or personal use. |
Merchandise License | License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to install and use the Font Software — either for personal or commercial use — in the maximum number of Workstations set forth in the End User License Agreement with the purpose of creating commercial products — whether physical or digital — that bear any character(s) of those included in the Font Software and use it/them as their main visual content. |
License for Internet Sites and Online Advertising (Web & Ads) | License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to host the Font Software on a web server and use it to display the text content of any of the websites related to a single Brand in, and up to the maximum total number of page views and/or advertising impressions per month as set forth in the End User License Agreement. |
Trial License | License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to use the Font Software temporarily and only to test how said software behaves and looks when used to generate text, either for personal or commercial use. |
Publishing License | Use license which Tipo de Letra will grant to the End User under which the latter shall have the right to install and use the Font Software — either for personal or commercial use — in a total maximum number of 10 (ten) Workstations (see definition 6), and use it to create designs, images, printed publications or Digital Publishing pieces, whether for commercial use or not. |
Gaming license | License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to embed the Font Software in a single title of a single video game for an unlimited number of distributions, either for commercial or personal use. |
Trademark | Any sign used to distinguish goods or services that is capable of being (i) perceived by the senses; and (ii) represented in any form that makes it possible to unequivocally identify which services/products it protects and distinguishes. These signs may be names; letters; numbers; shapes; color combinations or holograms; three-dimensional shapes; or any combination of the above. |
TDL Trademarks | All the Trademarks, commercial names, or slogans over which —per Applicable Law — Tipo de Letra holds intellectual property rights (whether economic or moral; or whether registered or not). |
Normatividad Aplicable |
Code of Commerce; ⦁ Federal Law for the Protection of Industrial Property; ⦁ Federal Copyright Law; and ⦁ Federal Criminal Code. |
Computer Platforms | Any platform, system or virtual environment that allows software to be loaded and operated on electronic devices. |
Mobile Platforms | Any platform, system or virtual environment, which allows loading and operating Mobile Applications on portable electronic devices, especially smartphones. |
Video Game Platform | Any platform, system or medium — whether physical, virtual or other — that allows the operation or use of video games. |
Website | The Internet site located at the URL https://www.tipodeletra.com, including all its pages, as well as those external sites (only when these must be used for the proper provision of the Tipo de Letra Services). |
Final Price | This is the final price that Tipo de Letra effectively collects from the End User who acquires any license to the Font Software through the Website. |
Services | The rendering of services that Tipo de Letra makes to (i) acquire the rights over the Font Software; (ii) offer the Font Software to the public through the Website and the work this requires; and (iii) sell Licenses and provide technical support to the End User. |
Font Software | A type font, as well as its digital structure, organization, code and data files which contain graphic units, characters, symbols —such as ornaments or spacing — and digital shapes, scalable to different sizes. |
Tipo de Letra | The legal entity known as "Enigma Diseño, Sociedad Anónima de Capital Variable". |
End User | The consumer of the Font Software who effectively purchased/acquired it through Tipo de Letra to install and use it on their computers or workstations, as well as any person who uses the Font Software. |
Term
Definition
Mobile Applications
Computer programs created especially for use in portable electronic devices, especially smartphones.
Files
A set of digital data that can be processed in and/or by a program or by a computer operating system. For the purposes of this contract, any reference to “files” shall also be understood as a reference to “Font Software”.
Downloadable Content (DLC)
Software ancillary to the Font Software that may optionally be downloaded to complement and add additional functions or features to it.
End User License Agreement
Agreement that (i) is permanently embedded in the files of the Font Software; (ii) sets forth the authorized uses and restrictions for each class of License; and (iii) is ancillary to these terms and conditions, and combined herewith, forms the entire agreement between Tipo de Letra and the End User.
Intellectual Property Rights
Means all the rights held by the creator and/or owner over/to the works and benefits deriving from his creations. Such creators and/or owners may include artists, producers, broadcasters, distributors, etc.
Digital Publishing
This refers to those services and products traditionally occupied by digital publishing and printing houses and may include the editing, publication, distribution and sale of written texts in digital media.
Workstation
A single electronic device that performs computer processing, work and/or storage.
License
Agreement whereby Tipo de Letra allows a single person the non-exclusive use of a single Font Software for certain purposes, which purposes may only vary according to the type of License the person purchases.
App License
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to embed the Font Software in an mobile application or software (and its web/web-based version) or host it through a web server to display the text of an application in, and up to the maximum number of distributions and users — whether registered or not — established in the End User License Agreement.
Broadcasting License
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to install and use the Font Software to use it only as part of one of the broadcasting projects:
A single feature film/short film;
Content published by a single traditional or Internet-based broadcast channel;
A single franchise of a single series (and the chapters/episodes thereof); or
A single video advertising campaign related to a single Brand —whether for personal or business use — on an unlimited number of platforms.
All Inclusive License
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to use the Font Software for the following:
Embedding it in an unlimited number of mobile applications or software (and the web/web-based versions thereof) or hosting it through a web server to display the text of an application for an unlimited number of distributions and users, whether or not they are registered;
Installing it to embed or use it as part of any number of films; short films; content published on traditional broadcast or Internet-based channels; series franchises (and the chapters episodes/episodes thereof); and/or video advertising campaigns related to a single Brand for broadcast on any number of platforms;
Installing it on an unlimited number of Workstations and using it to create commercial products — whether physical or digital — that bear any of the characters included in the Font Software and use them as their main visual content;
Hosting it on a web server and using it to display the text content of web sites for an unlimited number of page views per month;
Installing and using it to create any number of designs, images, printed publications or pieces of Digital Publishing, whether for commercial use or not; and
Embedding it into an unlimited number of video games for an unlimited number of distributions, either for commercial or personal use.
Merchandise License
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to install and use the Font Software — either for personal or commercial use — in the maximum number of Workstations set forth in the End User License Agreement with the purpose of creating commercial products — whether physical or digital — that bear any character(s) of those included in the Font Software and use it/them as their main visual content.
License for Internet Sites and Online Advertising (Web & Ads)
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to host the Font Software on a web server and use it to display the text content of any of the websites related to a single Brand in, and up to the maximum total number of page views and/or advertising impressions per month as set forth in the End User License Agreement.
Trial License
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to use the Font Software temporarily and only to test how said software behaves and looks when used to generate text, either for personal or commercial use.
PublishingLicense
Use license which Tipo de Letra will grant to the End User under which the latter shall have the right to install and use the Font Software — either for personal or commercial use — in a total maximum number of 10 (ten) Workstations (see definition 6), and use it to create designs, images, printed publications or Digital Publishing pieces, whether for commercial use or not.
GamingLicense
License to use which Tipo de Letra will grant to the End User under which the latter shall have the right to embed the Font Software in a single title of a single video game for an unlimited number of distributions, either for commercial or personal use.
Trademark
Any sign used to distinguish goods or services that is capable of being (i) perceived by the senses; and (ii) represented in any form that makes it possible to unequivocally identify which services/products it protects and distinguishes. These signs may be names; letters; numbers; shapes; color combinations or holograms; three-dimensional shapes; or any combination of the above.
TDL Trademarks
All the Trademarks, commercial names, or slogans over which —per Applicable Law — Tipo de Letra holds intellectual property rights (whether economic or moral; or whether registered or not).
Applicable Law
Mexican law applicable to the legal relationship that exists between Tipo de Letra and the End User; including, but not limited to the following:
Code of Commerce;
Federal Law for the Protection of Industrial Property;
Federal Copyright Law; and
Federal Criminal Code.
Computer Platforms
Any platform, system or virtual environment that allows software to be loaded and operated on electronic devices.
Mobile Platforms
Any platform, system or virtual environment, which allows loading and operating Mobile Applications on portable electronic devices, especially smartphones.
Video Game Platform
Any platform, system or medium — whether physical, virtual or other — that allows the operation or use of video games.
Website
The Internet site located at the URL https://www.tipodeletra.com, including all its pages, as well as those external sites (only when these must be used for the proper provision of the Tipo de Letra Services).
Final Price
This is the final price that Tipo de Letra effectively collects from the End User who acquires any license to the Font Software through the Website.
Services
The rendering of services that Tipo de Letra makes to (i) acquire the rights over the Font Software; (ii) offer the Font Software to the public through the Website and the work this requires; and (iii) sell Licenses and provide technical support to the End User.
Font Software
A type font, as well as its digital structure, organization, code and data files which contain graphic units, characters, symbols —such as ornaments or spacing — and digital shapes, scalable to different sizes.
Tipo de Letra
The legal entity known as “Enigma Diseño, Sociedad Anónima de Capital Variable”.
End User
The consumer of the Font Software who effectively purchased/acquired it through Tipo de Letra to install and use it on their computers or workstations, as well as any person who uses the Font Software.
1. Legal Information for Tipo de Letra
Tipo de Letra is a business association (i) incorporated under the laws of Mexico; (ii) domiciled at 41 Poniente 2120, B-103, Col. La Noria, CP 72410 in Puebla, Puebla, Mexico; (iii) its corporate purpose allows it to provide the services carried out through the Website and the execution of legal acts such as this one.
2. Services
In accordance with Applicable Law, Tipo de Letra offers to End Users, through the Website, commercial brokerage of licenses on the Font Software via commercial agency.
Through the Website, Tipo de Letra facilitates the search, purchase and download of Font Software for the End Users. The End User agrees to only use the Website in accordance with these terms and conditions. Further, the End User understands and accepts that Tipo de Letra will provide the Website on an “as is” basis; without changing nor modifying it, and the former shall use in its current state.
The End User acknowledges that the Website is provided over the Internet (or other public networks) that Tipo de Letra does not control, and that using these networks for the reception, transmission, storage, manipulation, downloading, and other uses of data over these networks carries with it certain risks, including loss and corruption of data, delays, non-deliveries, mis-deliveries, and interruptions of the Website. The End User acknowledges and accept all risks of reliance on or use of data received, transmitted, accessed, stored or managed through/on/by the Website. The End User agrees to calculate, implement and take all appropriate or necessary precautions to protect themselves against any loss and damage associated with these risks.
Tipo de Letra reserves the right to freely set and modify (i) the prices of each class of License on the Font Software; (ii) the authorized uses that each class of License on the Font Software grants to the End User; (iii) the existence of warranties and the scope and coverage thereof. Any amendment that Tipo de Letra may make to any of these terms shall not have any retroactive effect.
Each transaction in which a single End User acquires a single license on a Font Software will be deemed as an independent bargain and, therefore, as an individual and distinct legal act separate from any other legal relationships that may exist between Tipo de Letra and the same End User and/or other End User(s). Therefore, Tipo de Letra reserves the right — at its own discretion — to grant to one or several End Users (i) reductions, waivers, extensions, forbearances, deferrals, deferrals, payments, financing, refunds and/or discounts on the price set for a given License and/or for a Font Software; (ii) extensions, waivers and/or expansions in the uses granted by a License on a Font Software; (iii) expanded coverage or rights, and/or waivers on the warranties covered by a License on a Font Software. The End User agrees that exercise by Tipo de Letra of such right shall not, in any way, obligate Tipo de Letra to offer or give the same reduction(s), waivers(s), extension(s), deferral(s), payments(s), financing(s), refund(s), discount(s), expansion(s), extended coverage(s) and/or extended right(s) to any other End User; on any other license; on any other Font Software; and/or on any transactions that the same End User may enter into in the future.
Tipo de Letra reserves the right to unilaterally, at any time and without prior notice, modify the presentation and configuration of the Website, as well as the conditions required to access and/or use it.
Tipo de Letra will make its best efforts to make the Website continuously accessible and available to the End User. Nevertheless, Tipo de Letra does not extend any type of warranty concerning the permanent or uninterrupted operation of the Website. If there were to be interruptions in the operation of the Website, and such interruptions were foreseeable, Tipo de Letra will give prior warning of these possible interruptions when reasonably possible.
Tipo de Letra does not extend any type of warranty on the fitness of the Website for any particular activity or purpose, nor on its infallibility. Specifically, Tipo de Letra does not, in any way, guarantee that the End Users will be able to effectively access the Website and/or carry out any of the services set forth in these terms and conditions.
Should the End User require it, Tipo de Letra will offer technical support through the contact section of the Website. To that effect, requests to provide technical support to the End User will be addressed within a period no greater than 72 hours from the moment they are received. Tipo de Letra is not bound to provide technical support through any other medium.
3. Intellectual Property Rights
Copyright
In accordance with Applicable Law, Tipo de Letra declares that it is the owner of the works which — jointly or separately — make up the Font Software and/or that it holds the rights and authorizations necessary to grant licenses directly to the End Users.
Industrial Property Rights
In accordance with Applicable Law, Tipo de Letra declares that it is holder of the TDL Trademarks and holds the rights and authorizations necessary to use all the trademarks that identify the Font Software(s) and/or the creators thereof. Tipo de Letra and/or the owners of the trademarks used in the Website reserve all the rights over the TDL Trademarks and/or the other trademarks used in the Website. Under Applicable Law, any use of the TDL Trademarks and/or of the other trademarks used in the Website that is not explicitly authorized by Tipo de Letra may result in civil, criminal and/or administrative actions.
Reservation of Rights
Tipo de Letra — and/or the corresponding owners of the trademarks used in the Website — reserve(s) all rights over (i) the Font Software(s), only granting those specific Licenses which, at the case may be, are purchased by each End User; and (ii) the TDL Trademarks and/or the other trademarks used in the Website, and grants not authorization over them. Pursuant to Applicable Law, any use exceeding or contravening the above shall be deemed an unauthorized use and may result in civil, criminal and/or administrative actions.
In the event that the End User communicates to Tipo de Letra complaints, suggestions, impressions, comments or opinions, feedback may be requested from the End User regarding the features, functionality and operation of the Website. Such feedback from the End User may take various forms, including error reports, calls with Tipo de Letra representatives, and written evaluations. Tipo de Letra may implement any or all such feedback into future versions or releases of the Website or new products. Tipo de Letra will own all title, copyright and other property rights in (i) any changes, enhancements or corrections Tipo de Letra makes to the Website; and (ii) any new products Tipo de Letra creates as a result of End User feedback. Said title and rights include are not limited to, the right to copy, modify, create derivative works, publicly display, publish, distribute, license and sublicense through different levels of distribution and of licensing, incorporate and use the End User feedback, for all purposes.
Consideration
Subject to the provisions of section 2 (each sale is independent) and in exchange for the License(s) that he/she/it acquires, the End User will pay to Tipo de Letra the Final Price that the latter sets in the Website for each license and for each Font Software. Tipo de Letra reserves the right to freely set the prices of the Licenses on the Font Software.
With payment of the Final Price the End User will only receive the classes(s) of License(s)on the Font Software he/she/it has chosen and paid for. Likewise, payment of the Price does not grant the End User any sort of additional warranty of any kind (see section 2).
The Final Price — as well as any other performance or payment to be made by and between the parties — shall be denominated in Mexican pesos (MXN; legal tender currency in the Mexican United States) and payments made by the End User through the Website shall be made in said currency. In the event that payment is made in another currency through the use of the services of a financial intermediary or by any other means, the End User shall pay the Final Price at the exchange rate set by the Central Bank of Mexico (Banco de México) for the date of the transaction. In the event that Banco de México does not set an exchange rate for the currency used due to the use of decentralized digital currency (activos digitales), or for any other reason, the End User shall pay the Final Price at the average market value the currency in question holds on the date of the transaction.
Tipo de Letra will only refund the End User the amount of the Final Price in the event that (i) the Font Software is defective per the Tipo de Letra warranties (see section 2); (ii) the End User has contacted Tipo de Letra for technical support within 21 calendar days from the date of purchase and in per section 5; and (iii) even after receiving technical support from Tipo de Letra, the Font Software cannot perform in accordance with the Tipo de Letra warranties (see section 5). Tipo de Letra will not issue a refund if such a refund is warranted and if the End User requesting a refund does not exhaust the procedure described above in its entirety. If a refund is issue, it will be paid in Mexican pesos (MXN; legal tender in the Mexican United States), regardless of the currency/asset in which the End User originally paid.
If the End User acquires a License to a Font Software and does not use it — either in whole or in part — this shall not entitle him/her/it to receive a full or partial refund from Tipo de Letra.
Taxes
The Final Price will include the Value Added Tax (Impuesto al Valor Agregado) and, if necessary, Tipo de Letra may modify it to include any other taxes that may be enacted and collected in addition to, or in substitution of the above. In any event, Tipo de Letra will pay to the tax authorities all taxes withheld to the End User in accordance with the applicable tax laws.
5. Liability and Restrictions
Due to the nature of its services, Tipo de Letra is responsible to the End User for (i) the installation and updating of security certificates in the Website; (ii) the proper operation and performance of the Website and its navigation, search, payment and download functions; (iii) duly issuing and delivering the invoices End Users may request; (iv) the timely and proper delivery of the Files comprising the Font Software purchased by End Users; (v) ensuring that the files of the Font Software purchased by End Users are complete, in the proper format and usable; (vi) offering and respecting those warranties — and only those warranties — set forth in the End User License Agreement; (vii) if applicable, making available to End User(s) any updates released by the developer of the Font Software they purchased by them; (viii) providing End User(s) with technical support services; and (ix) in accordance with section 8, notifying End User(s) about changes to its privacy policies or, if applicable, about any risk or breach of the Tipo de Letra personal data protection system.
Tipo de Letra (i) is only a commercial broker who, by means of the Website, distributes licenses on Font Software of third parties; (ii) enters into contracts with said third parties whereby the latter represent that they hold the rights necessary to exploit the Font Software and, in the event this is not the case, said third parties are liable to any End Users for any damages caused; and (iii) commercially deals with said third parties on the basis of good faith. For this reasons, Tipo de Letra is not liable for any damages caused to End Users by the purchase of Font Software that totally or partially violate the intellectual property rights of any third party. The End User agrees to release Tipo de Letra from this liability.
Per the provisions of section 2, the End User releases Tipo de Letra from any liability for damages of any nature that may arise from (i) the lack of availability of the Website; (ii) the lack of continuous and uninterrupted operation of the Website; (iii) any lost profits that the End User(s) attribute(s) to the foregoing.
Tipo de Letra is under no obligation to control the use that the End Users make of the Website or the external links that lead to it. Specifically, Tipo de Letra does not guarantee that End Users use the Website in accordance with these Terms and Conditions and/or in a diligent and prudent manner, nor takes any responsibility for the reliability, safety or quality of the content that other End Users or Internet sites link to the Website.
The offers and services offered by Tipo de Letra will adhere to both Mexican and international applicable laws. Tipo de Letra is always governed by under the Mexican regime of commercial sanctions, does not export strategic nor controlled goods, nor trades in goods or services that are considered weaponry or equipment that can be used for the internal repression (of governments towards its citizens). For this reason, if the End User were to acquire Licenses on Font Software violating or circumventing international sanctions or the aforesaid regime, all liability will be borne by the End User, wholly releasing Tipo de Letra of any type of liability.
The End User shall be prohibited from using the Website, the Font Software or any component thereof in a manner other than as authorized in these Terms and Conditions and the End User License Agreement.
The End User agrees to refrain from using the Website to obtain, execute, disseminate, transmit or make available to third parties information, contents and services that (i) — in any way — are illicit; (ii) contravene intellectual property rights, industrial property rights or rights of any other nature belonging to Tipo de Letra and/or third parties; (iii) incorporate violent or pornographic materials; (iv) may be misleading as to their purpose or as to the intentions or purposes of the communicator; and/or (v) incorporate viruses or other elements — physical or electronic — which, either by their nature or their characteristics, may hinder the correct use, damage, prevent, contaminate or extract information (without authorization) from the Website or from the computer equipment of other End Users or other Internet users (including the Files, documents, and/or contents stored therein).
6. Cookies
When the End User visits and uses the Website, one or more cookies may be automatically installed in his or her browser. Cookies are small, temporary files that take the form of a string of characters and store information about personalization functions. They are used to retain information about the user’s preferences and browsing habits and their sole purpose is to improve the quality of the Website and the End User’s experience.
The following are the cookies that — directly or through third parties — we use on the Website:
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Cookies designed to know the origin of the traffic to the Website and how the user reached it;
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Cookies designed to record the history of items viewed and the users’ shopping cart to facilitate your browsing and overall experience;
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Cookies designed to manage user preferences (e.g., notifications or personal settings);
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Cookies designed to distinguish previous users, sessions and visits from new users, sessions and visits;
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Cookies designed to regulate the traffic and number of requests a user makes to the Website;
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Cookies designed to learn how the user interacts with advertising campaigns;
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Cookies designed to detect and prevent fraud; and
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Cookies that allow to improve the user experience, for example by remembering information from past visits.
The End User is — at all times — free to use the settings and configuration of his/her browser to (i) delete cookies installed on his/her device; (ii) prevent new cookies from being installed; and (iii) be notified before new cookies are installed. Should the End User choose to disable or block cookies from the Website, he/she may not be able to use or take advantage of the Website’s features and/or offerings.
Likewise, Tipo de Letra may collect, and store information derived from the use of the Website (either End Users or any Internet user), which may include the following:
- Purchase history;
- IP address of your device;
- Location of your device;
- Website interaction data entered via input devices, including:
- Frequency and duration of visits to certain pages;
- Font Software you have recently viewed or searched for;
- History, registration and/or changes in the shopping cart;
- The entire clickstream to, on and from any of the Website pages;
- Date and time;
- Downloads;
- Download errors; and/or
- Scrolling, clicks and mouse movements
- Notification preferences
7. Retroactivity of Modifications
In terms of Sections 2 and 8, Tipo de Letra may modify these Terms and Conditions from time to time, of which it will notify the End User in a timely manner. The End User agrees that — with the exception of uses that are explicitly authorized in the License that the End User has purchased — all modifications will be binding on the End User, even if made at a later date.
8. Privacy Notice
Identity and Address of the Person in Charge
The responsible for the personal data provided by the End User is Enigma Diseño, SA de CV (hereinafter, “Tipo de Letra”), with address located at 41 Poniente 2120, B-103, Col. La Noria, CP 72410 in Puebla, Puebla, Mexico.
Personal Data Processed by Tipo de Letra
To fulfill the purposes stated in this section,
Tipo de Letra will process the following personal data:
- Full name;
- Age of majority (yes/no);
- Has supervision and authorization from conservatorship/parental authority/custody (yes/no);
- E-mail address; and
- Country and/or City of Residence.
Tipo de Letra will not process the following personal data:
- Financial and/or payment information;
Tipo de Letra outsources the collection/payment function for the sale of Font Software. This means that at no time will it request or receive financial information and/or payment methods from the End User.
Time Period for the Conservation of Personal Data
Tipo de Letra will keep your personal data only for as long as absolutely necessary. In the case of the purposes described herein, Tipo de Letra will need to keep your personal data for the following periods:
Data | Purposes | Lapse |
---|---|---|
Personal data described above | Primary and Secondary | 3 years from the termination or rescission of the relationship |
Name and e-mail address. | Notify the End User in case of theft or loss of personal data. | Indefinitely |
Primary Purposes
Tipo de Letra will process your personal data for the following primary purposes, which are necessary to fulfill our obligations arising from our legal relationship:
- The adequate provision of Tipo de Letra services;
- End User Registration;
- Recommend fonts, updates and/or other services that may be of interest to you;
- Identify your preferences to personalize your experience on the Website;
- Make modifications, adaptations and/or updates to improve the experience on the Website and/or with the Font Software;
- Transaction notifications;
- Request for verifications and/or corrections for transactions, orders, refunds and technical support;
- Notifications of changes or updates to the End User License Agreement (EULA);
- Notifications of changes or updates to the Tipo de Letra Terms and Conditions;
- Notification of exclusion of the End User for violation of the Terms and Conditions;
- Notice of revocation of the License for violation of the Terms and Conditions;
- Notification of termination of the legal relationship for violation of the Terms and Conditions;
- Notifications to warn the End User of possible interruptions in the operation of the Website; We inform you that the End User cannot oppose to Tipo de Letra to cease the processing of his/her data for the primary purposes described above, since the processing is necessary to fulfill obligations arising from the legal relationship between the End User and Tipo de Letra.
Secondary Purposes
In addition, if the End User does not object, Tipo de Letra will process his or her personal data for the following secondary purposes:
- Distribution of informative and promotional material that Tipo de Letra distributes externally to the general public;
- Advertising
In the event that the End User does not wish his or her personal data to be processed for any or all of the secondary purposes described above, he or she may communicate this to us at the following e-mail address: privacidad@tipodeletra.com.
Tipo de Letra cannot (i) refuse to provide its services; nor (ii) terminate the legal relationship solely because the End User does not authorize the secondary purposes for the use of his/her personal data for additional purposes.
Entities to which Tipo de Letra Transfers Personal Data
In order to fulfill the purposes described above — as well as those purposes required by law or by the competent authorities — Tipo de Letra will transfer the necessary personal data to the following organizations and for the following purposes:
Third party recipient of personal data | Purpose | Consent |
---|---|---|
Competent authorities | To comply with legal provisions | Not required |
Companies that are part of the corporate group of Tipo de Letra [add corporate names of all companies]. | For the correct performance and development of the legal relationship we have with the End User. | Not required |
If the End User does not want Tipo de Letra to transfer his/her personal data for those transfers for which his/her consent is necessary, we ask him/her to send an e-mail to the following address: privacidad@tipodeletra.com where he/she will be attended in due time and form.
ARCO Rights
The End User has the right to (i) know which of his/her personal data we have, what we use them for and the conditions of use we give them (Access); (ii) request the correction of his/her personal information in case it is outdated, inaccurate or incomplete (Rectification); (iii) request the deletion of his/her personal data from our records or databases when he/she considers that it is not being used properly (Cancellation); and (iv) oppose the use of his/her personal data for specific purposes (Opposition). These rights are known as ARCO rights.
In order to exercise any of the ARCO rights, the End User must submit the respective request via e-mail: privacidad@tipodeletra.com; the request must:
A. Prove the identity of the owner of the personal data (or whoever represents the owner). Legally, only those who can prove to be one of them can exercise ARCO rights. This will require the following:
Copy of voting credential, driver’s license, passport, immigration document, professional license and/or any other document issued by a governmental authority and that has a photograph. In case of being a representative of a third party, with a power of attorney signed before two witnesses or public instrument, and a copy of the identification of the represented party;
B. Provide contact information, including name, address and/or e-mail address; and
C. Specify what you require indicating whether there is or was a legal relationship and/or how you believe we may have obtained your personal data.
Response time to ARCO requests
Twenty working days, counted from the date on which the request was received.
Means of response
Through the means provided by the End User, which may be domicile or e-mail.
Tipo de Letra will deliver, if applicable, the requested information through the most suitable means depending on the requested content; preference will be given to e-mail.
Additional information and contact
For more information on personal data protection, the contact details of the person or department in charge of processing ARCO rights requests are as follows:
- Responsible/department for personal data: Legal Department, Enigma Diseño, SA de CV;
- Address: 41 Poniente 2120, B-103, Col. La Noria, CP 72410 in Puebla, Puebla, Mexico; and
- E-mail: privacidad@tipodeletra.com
Revocation of Consent for the Use of Personal Data
The End User may revoke the consent that, if applicable, has been granted for the processing of his or her personal data. However, it is important to note that not in all cases we will be able to fulfill your request or terminate the use immediately, since it is possible that for some legal obligation we may need to continue processing your personal data. Likewise, the End User should consider that, for certain purposes, the revocation of your consent will imply that we will not be able to continue providing the service you requested, or the conclusion of your relationship with us.
To revoke your consent you must follow the same procedure for the exercise of ARCO rights described above.
Likewise, we inform you that the response times and means are the same that we use for the exercise of ARCO rights.
Changes to the Privacy Notice
This privacy notice may be modified, changed or updated due to new legal requirements; our own needs for the products or services we offer; our privacy practices; changes in our business model; or other causes.
We are committed to keep the End User informed about the changes that this privacy notice may undergo, through its publication on our website www.tipodeletra.com
9. Termination
The End User is aware of the meaning and scope of these terms, agrees to strictly comply with them and accepts that any use of the Website, the License and/or the Font Software that contravenes and/or exceeds them will entitle Tipo de Letra to (i) deny the Services; (ii) revoke the License; and (iii) terminate this legal relationship. Subject to the foregoing, these terms and conditions may be terminated in the following cases:
- If the End User provides false information on the Website;
- If the End User assigns the rights and/or obligations derived from the present terms and conditions without the authorization of Tipo de Letra previously granted and in writing;
- If, for reasons beyond its control, Tipo de Letra does not effectively receive payment from the End User;
- If either Party is declared bankrupt, bankruptcy, insolvency, receivership, receivership, insolvency or its equivalent;
- If it is proven that the End User uses the Website and/or the Font Software as an instrument or means to commit unlawful acts or makes improper use of the same;
- If it is proven that Tipo de Letra ignores any request for technical support and/or reimbursement submitted by the End User, provided that such request has been duly formulated by the End User and submitted to Tipo de Letra in due time and form; and/or
- If Tipo de Letra fails to comply with any obligation established in this instrument.
10. Interpretation
Except for meanings that have been specifically noted in a different context, any term written with an initial capital letter shall have the meaning assigned in the definitions section. Such meanings shall be equally applicable to both singular and plural forms of the defined terms.
11. Divisibility
In the event that any of the provisions contained in these terms and conditions shall be held to be invalid, illegal or unenforceable in respect of any matter for any reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and, in the event that any such provision is held to be invalid, illegal or unenforceable, the Party affected thereby shall use its best efforts to agree on a provision which replaces the provision(s) held to be invalid, illegal or unenforceable and which is (are) similar in economic terms.
12. Subsistence
The rescission or termination of this legal relationship shall in no way affect the validity and enforceability of the obligations contracted or of those which — by their nature, by provision of law or by will of the parties — must be deferred to a later date; consequently, the parties may demand the performance of these obligations even after the rescission or termination of the legal relationship.
13. Jurisdiction and Applicable Law
Since (i) the domicile of Tipo de Letra; (ii) the servers that host the website; (iii) the collection of the Final Price; (iv) the material operations to provide the services of Tipo de Letra; (v) the invoicing; and (vi) the payment of the corresponding taxes are/are carried out in the United Mexican States, the operations carried out between Tipo de Letra and the End User are considered commercial transactions carried out in the national territory of the Mexican United States and under the protection of the commercial legislation applicable in such country.
This legal relationship shall be governed by and construed in accordance with the Commercial Code of the Mexican United States, as well as other applicable laws of such country. Any claim or controversy that arises in relation to the same one, shall have to be solved in accordance with the above mentioned laws and before the competent courts in the City of Puebla, State of Puebla, Mexican United States. Tipo de Letra and the End User, in this act, (i) waive any other jurisdiction to which they may have present or future rights by reason of their nationality, domicile, place of residence or any other reason; and (ii) expressly agree to settle their controversies in a Commercial Oral Trial in accordance with the provisions of article 1390 Bis and successive articles of the Commercial Code of the Mexican United States.