Terms and Conditions

Preamble

TypoEffects is a service (available at www.typoeffects.com) which offers the user the ability to create image files with different typographic effects.

§ 1 – Scope

(1) For all uses of the service TypoEffects provided by Stefan Habelski, Johannesstraße 51, 53340 Meckenheim, (Provider), these Terms and Conditions apply to the respective version to the time of using the service.

(2) Different Terms of the user are refused.

§ 2 – Conclusion of contract

(1) The presentation of the preview image within the application is not a binding offer to conclude a contract. The user is thereby only requested to provide a binding offer through the placement of a binding order.

(2) By clicking the button “Create”, the user starts the implementation of the selected effects. This is an automated service, the user uses self dependent the function of the TypoEffects-Software.

(3) By pressing the “Pay” button the user submits a binding offer to conclude a contract. The acception of the offer takes place via putting the text-image in original resolution and without watermark at users disposal.

§ 3 – Payment

Payment is made through the PayPal servers, so your data is secure by all means. The user first needs to choose the desired type of use. After clicking the “Checkout with PayPal” button, the actual payment process will start in a overlying Paypal lightbox window. The following types of use are available:

Private Usage - 1,99 Euro (~2.49 USD)

Private Usage includes the use of Text-Image for private and non-commercial purposes (e.g. the use on the private non-profit website). The Text-Image can also be modified. Resale and dissemination/distribution of copies of the image to third parties is not allowed. Any use running contrary to the legislative regulation is prohibited.

Commercial Usage - 9,99 Euro (~13.10 USD)

Commercial Usage includes the use of Text-Image in all electronic and print media for commercial purposes (e.g. on the company website). The Text-Image can also be modified. Resale and dissemination/distribution of copies of the image to third parties is not allowed. Any use running contrary to the legislative regulation is prohibited.

Commercial Usage XL - 19,99 Euro (~27.30 USD)

The Commercial Usage XL includes the Commercial Usage and in addition the right of resale, dissemination/distribution of copies of the image to third parties. Any use running contrary to the legislative regulation is prohibited.

Following the selection of the desired type of use the user will be forwarded to the PayPal website. There the user can complete the payment process. After completing the payment process the user will be redirected to the TypoEffects website.

The user can save the Text-Images in different formats. He has to ensure that storage capacity is adequate. Especially storing an text-image in PNG format needs a high storage capacity.

Project Usage

You can get ProjectIDs in order to use the generators in limited or unlimited projects. The usage, payment and any further conditions will be stipulated in an individual contract. Please contact us for further information!

§ 4 – No right of withdrawal

A right of withdrawal does not exist, § 312d IV 4 No. 1 BGB.

§ 5 – Granting of rights of use

The user retains all rights to all data that is transferred to TypoEffects. The user grants TypoEffects during the processing the right to manipulate the image. The right of use includes the right to store, to copy and to edit the data.

§ 6 – Data Security

(1) TypoEffects stores copies of uploaded data. The original data remains with the user.

(2) TypoEffects is entitled to delete the uploaded data after image generation.

(3) In their own interest the user should store the received generated text-images. A repeated later transmission of the generated text-image is not possible.

§ 7 – Contract-Penalty

(1) TypoEffects is legitimate interested in ensuring that neither the user nor third parties use the text-images in deviation from this contractual agreements. TypoEffects is therefore authorized to assert any rights and claims accordingly.

(2) The user is obliged to pay a contractual penalty of EUR 500 (five hundred) for each individual case of non-conforming use.

§ 8 – Liability of the user

(1) User guarantees to TypoEffects, that transmitted data and used text is free of third party rights. Any copyright-, personal rights- or naming rights-infringement shall be borne by the user. The user assures that he did not violate the rights of a third partie by using the service of TypoEffects.

(2) The user shall indemnify TypoEffects against all demands and claims which may be made due to the violation of third-party rights, provided that the user acted negligent or intentionally. The user shall refund to the provider for all defense costs and other damages.

§ 9 – Liability of TypoEffects

(1) The presentation and functionality of the website and the included extensions are adapted to the latest versions (June 2013) of the following browsers: Microsoft Internet Explorer, Mozilla Firefox, Apple Safari. Microsoft Silverlight is required to use TypoEffects. While using a not listed browser the full functionality of the website is not ensured.

(2) TypoEffects always strives to run the website without interruptions. Due to the nature of the Internet this is not guaranteed. The access to TypoEffects website may occasionally be interrupted or restricted.

(3) TypoEffects including his legal representatives shall be unlimited liable only for intent and gross negligence.

(4) TypoEffects shall be liable for violation of substantial contractual obligations (cardinal obligations) in case of slight negligence. The liability for the slightly negligent infringement of essential contractual obligations is restricted to contractually typical, foreseeable damages. TypoEffects shall not be liable for damages caused by a slightly negligent breach of other than the above mentioned duties.

(5) The abovementioned limitations of liability shall not apply to injury to life, body and health, for a defect after a guarantee for the quality of the product and for maliciously concealed defects. Liability under the product liability law remains unaffected.

(6) Where the liability of TypoEffects is excluded or limited, this also applies to the liability of employees, representatives and vicarious agents.

§ 10 – Data Storage and Data Processing

(1) The data of the user will only be used to perform the image generation. All customer data is stored and processed by TypoEffects considering the relevant regulations of the Federal Laws for Data Protection (BDSG) and the Laws for Teleservices (TMG).

(2) The user is entitled to obtain free information, correction, blocking an deletion on any stored data. For this purpose, the user can send an email or a letter to contact@typoeffects.com, Stefan Habelski, Johannesstraße 51, 53340 Meckenheim.

(3) The personal data of the user including his home address and email address are only captured, processed an utilised with his revokable acceptance.

Exceptions to this are service partners of TypoEffects who need the data to process the payment (eg the staff responsible for processing payments). In these cases the scope of transmitted data shall be restricted to the necessary minimum. TypoEffects uses technical and organizational security measures to protect your data managed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.

(4) The data transmission via internet (eg while communicating by e-mail) may have security vulnerabilities. A complete protection of data against access by third parties is not possible.

(5) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, text files that are stored on the user’s computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website are usually transmitted to a Google server in the USA and stored there. In the case of activation of the IP anonymization on this website, the IP address will be truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area.

Only in exceptional cases is the complete IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other with website and internet related services to the website operator. Google will not associate your IPAdress with any other data held by Google.

The use of cookies can be prevented by selecting the appropriate settings on your browser. If the user does this, he may not be able to use all features of this website. The data generated by the cookie about the use of the website (including IP address) and the processing of these data by Google can be prevented is by downloading and installing a browser plugin: http://tools.google.com/dlpage/gaoptout?hl=en.

(6) On this Website is also used the “Share” and “Like” button of the social network of Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. These plug-ins are marked with the Facebook logos – the white “f” on a blue tile and a “thumbs up” sign. By directing the browser to a website that contains such a plugin, the browser establishes a direct connection to the servers of Facebook. The content of the plug-ins is transferred by Facebook directly to your browser which embeds it into the website. Through the integration of plug-ins Facebook receives the information that you have accessed this website. If logged in as a member of Facebook, Facebook can assign your visit to your Facebook account. If you interact with the plugins, for example by clicking the “Like button” or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored there. If you are not a member of Facebook, there is a possibility that Facebook recognizes your IP address and stores it.

If you are a Facebook member and do not want Facebook to collect information about you on this website and linked to your member data already stored by Facebook, please log off before visiting this website.

You find more information about the scope and purpose of data collection and the further processing and use of data by Facebook, and your rights in this respect and settings options for protecting your privacy in the privacy policies of Facebook.

(7) This webpage has the features of the service “Twitter” embedded. Those functions are provided through the Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the function “Tweet” your visited pages will be linked to your Twitter-account and published to other users. During this process data is transferred to Twitter.

We want you to know that we as administrators of this page don’t have any knowledge on the contents of the submitted data and the use of those by Twitter. For further information on that please read the privacy poicy of Twitter which you can find here: http://twitter.com/privacy.

You can change your data privacy-settings in your account settings on Twitter here: http://twitter.com/account/settings.

§ 11 – Place of Jurisdication and governing law

(1) Exclusively german law shall apply to the contractual relationship between TypoEffects and the user. Excluded from this choice of law is the mandatory EU-consumer protection law of the EU-country in which the user has his habitual residence. The UN Sales Convention does not apply.

(2) If the user is a merchant, a legal person under public law or a special fund under public law, the courts of TypoEffect´s place of business shall have jurisdiction for any and all disputes arising under this contractual relationship.

(3) The contract language is German. Translations into other languages are for information only and not legally binding.

§ 12 – Severability clause

Should any provision of this general terms and conditions be void or impracticable, this does not affect the validity of the remaining provisions.