TypeSquare User Policy

Morisawa USA Inc. (hereinafter, referred to as “Morisawa”), the operator of TypeSquare (http://typesquare.com) and other websites, including in each case any successor or country-specific sites, through which Morisawa provides its Services, (hereinafter, collectively referred to as “the Websites”) hereby sets forth the basic user policy for the Websites as described below.

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS USER POLICY. BY CHECKING THE “AGREE WITH THE TERMS AND CONDITIONS GIVEN ABOVE” BOX LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THIS USER POLICY AND CONFIRM THAT YOU HAVE HAD ACCESS TO THIS USER POLICY FOR AT LEAST THREE (3) DAYS. IF YOU DO NOT ACCEPT THIS USER POLICY, YOU WILL NOT BE ALLOWED TO USE OR ACCESS THE SERVICES. IF YOU ARE ACCEPTING THE TERMS OF THIS USER POLICY ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR LEGAL ENTITY TO THE TERMS OF THIS AGREEMENT AND, IN SUCH EVENT, “YOU” OR “MEMBER” WILL REFER TO THAT COMPANY OR LEGAL ENTITY.

By using the Services, you represent and warrant that you are at least 20 years of age and have reviewed and consented to the terms of the Policy, or, if you are under 20 years of age but above 14 years of age, then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the terms of the Policy for the benefit of anyone under the age of 20, you represent and warrant that you have reviewed and now consent to the terms and conditions and accept full responsibility for that minor’s use of the Services, including all financial charges and legal liability that such minor may incur in connection with the use of the Services.

Article 1: Definitions
Terminology used in the Policy is defined in the following items.

1) “Member(s)” and “Membership” respectively refer to: (i) those persons or corporate entities who, upon consenting to the Policy, have registered to use TypeSquare according to the prescribed method, and (ii) the status of being a registered Member.

2) The “Services” refer to all services provided through the Websites. Services include Web Font Service and Font Download Service, as defined below.

3) “Transaction(s)” refer to all transactions conducted by Members through the Websites, including purchasing products and applying to receive gift rewards.

4) “Web Font Service” refers to the services which Member may transmit web font in accordance with the terms and conditions herein and in the end-user license agreements as specified by Morisawa, and is provided by Morisawa to Members through the Websites.

5) “Font Download Service” refers to the services which Member may download, install and use font in accordance with the terms and conditions herein and in the end-user license agreements as specified by Morisawa.

6) The “Policy” is a general term that refers to this user policy, the User Guide, and other policies and guidelines, including any Supplemental Policies, provided by Morisawa.

7) “Membership Information” refers to information pertaining to Members that is disclosed by Members to Morisawa, including Member attribute information.

Article 2: TypeSquare Members

Members may use the Services and conduct Transactions through the Websites only in accordance with the terms and conditions set forth in this Policy.
Members may not transfer, sublease, provide as collateral or otherwise dispose of in any form, the rights to use the Services or conduct Transactions, those rights acquired from Morisawa through the use of the Services or Transactions, or other rights acquired through their status as Members.

Article 3: Policy

The Policy applies to all Members. Members must comply with the Policy at all times when using the Services or conducting Transactions, including during Member registration procedures and after registering as a Member.

Article 4: Member Registration Procedures

Persons and corporate entities who have consented to the Policy and have applied as prescribed may acquire Membership status upon completion of the specified registration procedures. Membership registration procedures should be completed by the individual or an appropriate, authorized representative of the corporate entity (see “Article 5: Terms Applicable to Corporate Entities” below) becoming a Member. Note that Morisawa may refuse Membership to persons who have had their Membership rescinded in the past, or to those otherwise deemed by Morisawa as inappropriate for Membership.
When completing the Member registration procedures, Members shall read the instructions carefully, and accurately enter the required Membership Information on the specified entry form.

Article 5: Terms Applicable to Corporate Entities

The following terms and conditions apply specifically to any corporate entity or other legal entity that is subject to the terms of the Policy:
1) If you are representing a company or other legal entity, you represent and warrant that you are the legal representative of the company or entity and that you are authorized to legally bind the company or entity to the terms of this Policy;
2) You must require each of the company or entity’s employees that use or access the Services to be bound by the terms of the Policy; and
3) You must remain responsible and liable for all acts and omissions of the company or entity’s employees in connection with the use of the Services, including any breach of the terms.

Article 6: Managing E-Mail Addresses and Passwords

E-mail addresses are required to log in to the service as well as for correspondence from the Websites. Members must use an e-mail address that will not be changed frequently. Also, the Websites require access via a personal computer. Mobile carrier e-mail addresses cannot be used.
Members must be responsible for managing their passwords so that others do not acquire them, including by periodically changing the password. Once a password that matches the registered password is confirmed, the Member is deemed to be using the Services. If the use is by another party due to circumstances including misappropriation or misuse, Morisawa has no responsibility for any damages incurred by the Member through such use, and the Member has full responsibility and liability for such damages.

Article 7: Changes to Registered Information

Members must update registration information promptly should any changes arise. Morisawa has no responsibility for any damages incurred due to failure to update such information, and the Member has full responsibility and liability for such damages. Also, even when registration information has been updated, Transactions processed prior to such changes will be completed based on the information provided prior to those changes. Members are asked to contact Morisawa directly in the event they need to notify Morisawa at the Morisawa website (https://typesquare.com/question/) about registration information pertaining to such Transactions.

Article 8: Withdrawal of Membership

Members may terminate their Membership pursuant to this Policy (hereinafter, referred to as "Withdrawal") by completing the withdrawal procedures available on Morisawa’s website. In such cases, the Membership shall be terminated when Morisawa receives the Withdrawal notice, and fees already paid will not be refunded to the extent permitted by applicable laws. Members are required to pay all costs or fees incurred on their account, including any debt owed to Morisawa, at the time of Withdrawal.

Article 9: Indemnification

You agree to indemnify, defend, and hold harmless Morisawa, its affiliates, agents, directors, officers, employees, consultants or other representatives, from and against any and all claims, damages, losses, costs (including reasonable legal and accounting fees) and other expenses due to, or arising out of, your breach of the terms of the Policy or your access to, use, or misuse of the Services or the Websites. Morisawa shall provide notice to you of any such claim, suit, or proceeding. Morisawa reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this article. In such case, you agree to cooperate with any reasonable requests to assist Morisawa in defense of such matter.

Article 10: Disclaimer of Warranties

THE WEBSITES AND ALL MATERIALS, INFORMATION AND CONTENT ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MORISAWA, ITS AFFILIATES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE WEBSITES, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MORISAWA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THE MATERIALS, OR THE SERVER(S) ON WHICH THE WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR CONTENT, AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE WEBSITES. Morisawa is not liable for any damages incurred due to obstructions to communication lines or computers, system interruptions, delays, or suspensions, loss of data or unauthorized access. Morisawa has no responsibility for damages incurred by the Member regarding the Services provided by Morisawa. Morisawa provides no guarantees that email content sent from its webpage, server or domain is free from viruses or other harmful content. Morisawa may at times provide information and advice to Members, but this does not constitute liability for the same. Morisawa has no liability for damages arising from violation of the Policy by the Member.

Article 11: Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MORISAWA NOR ANY OF ITS AFFILIATES OR AGENTS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING IN ANY WAY TO THE WEBSITES AND/OR ANY MATERIALS CONTAINED ON THE WEBSITES, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES OR MATERIALS IS TO STOP USING THEM. NOTWITHSTANDING THE FOREGOING, IF MORISAWA IS FOUND TO BE LIABLE, ITS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE, ON A CUMULATIVE BASIS INCLUDING FOR ANY USER POLICY OR END-USER LICENSE AGREEMENT LICENSEE MAY HAVE BEEN PRESENTED OR AGREED TO WITH MORISAWA, LIMITED TO THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ACCESS AND USE THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.

Article 12: Prohibitions

In using the Services, Members must not engage in the acts described in the following items:
1) Violation of laws or the Policy;
2) Damage to the rights, interests or reputations of Morisawa, other users or third parties;
3) Actions that may offend or create a nuisance for Morisawa, other users or third parties;
4) Entering of false information, defamation, infringement, threats, harassment, and commitment of fraud or tortious activity;
5) Using all or a portion of the fonts distributed by the Web Font Service in locations other than the user's website;
6) Providing all or a portion of the fonts distributed by the Web Font Service in a manner similar to the Web Font Service, or otherwise redistributing, lending, selling, or equivalent acts, regardless of whether the fonts are used as is or modified, and whether such services are provided for a fee or free of charge;
7) Amending service tags and other scripts provided through the Web Font Service;
8) Violating the terms and conditions, as prescribed in this Policy or Morisawa’s end-user license agreements, of any Service specified by Morisawa in respect to the Font Download Service;
9) Sending or posting harmful computer programs or emails;
10) Disclosing to a third party through the use of the Services or in relation to the Services or the Policy, information, text, graphics or other content which is or may be contrary to public order and morality;
11) Unauthorized access to Morisawa's servers or other computers;
12) Selling, transferring or lending Member passwords to a third party, or otherwise disposing of the Member password (Members are solely responsible for the use and management of passwords); and
13) Other actions deemed inappropriate by Morisawa.

Article 13: Handling of Membership Information

Morisawa handles personal information in accordance with Morisawa's Policy for Protecting Personal Information (http://en.morisawa.co.jp/privacy-policy/) and the TypeSquare Privacy Policy (http://typesquare.com/privacy).

Article 14: Suspension of Services

In order to ensure the Services are always available to Members in good condition, when periodic maintenance or urgent maintenance measures are being conducted, Morisawa determines that operation of the Services may be hindered, there is a need to ensure the security of Members or Morisawa determines it is otherwise necessary, Morisawa may, without prior notification and at any time in its sole discretion, take necessary measures, including suspension of all or part of the Services. In such cases, Morisawa will take no responsibility for any damage incurred by the Member through such acts, and the Member shall take full responsibility and liability for said damages.

Article 15: Suspension of Use or Cancellation of Membership of Specific Members

In the event it determines that any of the following items apply to a specific Member, Morisawa may, without prior notice and at any time in its sole discretion, suspend use of the Services by said Member, change said Member’s password or cancel the Membership of said Member:
(1) Violation of laws or the Policy by the Member;
(2) Unlawful acts committed by the Member in relation to use of the Services;
(3) Password input errors beyond a specific number of attempts, and other circumstances requiring protection of the Member's security; and
(4) When otherwise deemed necessary by Morisawa.
Morisawa will take no responsibility for any damage incurred by the Member through such acts, and the Member shall take full responsibility and liability for said damages.

Article 16: Changes to or Abolishment of Services

Morisawa may change or abolish all or part of the Services at its own discretion. Prior to such change or abolishment, Morisawa shall provide notice to the Member. Morisawa will take no responsibility for any damage incurred by the Member through such acts, and the Member shall take full responsibility and liability for said damages.

Article 17: Effects of Termination or Cancellation

(1) Termination or cancellation of the Member’s account, subscription or of the Member’s use or access to the Services, will result in the immediate deactivation and deletion of the Web Font Service and Font Download Service, and the forfeiture and deletion of all content in the account, including the entire Services configuration and website design data, and once deleted, this information cannot be recovered or retrieved. Upon any such termination, the Member’s right to use the Service will immediately cease.
(2) The following Articles will survive any termination of this Policy: Articles 1 (Definitions), 9 (Indemnification), 10 (Disclaimer on Warranties), 11 (Limitation on Liability), 17 (Effects of Termination or Cancellation), 19 (Amendments to the Policy), 20 (Governing Law and Jurisdiction), 21 (Entire Agreement and No Amendment), 22 (Waiver, Severability), 23 (Interpretation) and 24 (Notice Provision).

Article 18: Scope of Services

Support for the Services outside of Japan will be provided only in English.

Article 19: Amendments to the Policy

Morisawa may amend the Policy at its own discretion and may also set forth policies that supplement the Policy (hereinafter, referred to as the "Supplementary Policies"). Amendments and Supplementary Policies shall be posted to the prescribed Morisawa website (https://typesquare.com/question/) seven (7) days prior to such amendments and Supplementary Policies going into effect, provided that such amendments and Supplementary Policies shall be posted thirty (30) days prior to such amendments and Supplementary Policies go into effect if such changes are disadvantageous to the Member (such seven (7)-day or thirty (30)-day period, as applicable, the “Acceptance Period”). Morisawa shall notify Member of the updated Policy, the effective date, and reason for such amendments by email or other means. If any change to the Policy is not acceptable to you, your sole remedy is to express your refusal to such changes during the Acceptance Period. In case where there is no such refusal during the Acceptance Period, it is deemed that you have consented to such changes of the Policy.

Article 20: Governing Law and Jurisdiction

The laws of Japan shall govern the Policy and where lawsuits pertaining to the Policy are necessary, the Osaka District Court shall be the court of exclusive jurisdiction in the first instance.

Article 21: Entire Agreement and No Amendment

The terms of this Policy, together with any end-user license agreement you may have been presented or agreed to with Morisawa, contain the entire agreement between Morisawa and you with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Morisawa and you with respect to the Services. Subject to Article 19, this Policy may not be modified or amended except in writing and if signed by an authorized representative of Morisawa.

Article 22: Waiver, Severability

Any failure to enforce any provision of the terms of the Policy will not constitute a waiver thereof or of any other provision hereof. None of the conditions of this Policy will be considered waived unless such waiver is in writing and approved by Morisawa. No such waiver will be a waiver of any past or future default, breach or modification of any of the conditions of this Policy unless expressly stipulated in such waiver. If any provision of the terms of the Policy is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the terms of the Policy and will not affect the validity and enforceability of any remaining provision.

Article 23: Interpretation

The headings in this Policy are solely for convenience of reference and will not affect its interpretation. Unless the context otherwise requires, the singular includes the plural, and the plural includes the singular. Unless otherwise specifically stated, references to Articles or Sections refer to sections in the main body of this Policy and the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Policy as a whole and not to any particular section or paragraph. The words “include,” “includes,” “including” and derivative forms of them will be deemed followed by the phrase “without limitation” regardless of whether such phrase appears there (and with no implication being drawn from its inconsistent inclusion or non-inclusion). Any ambiguities in this Policy will not be strictly construed against Morisawa but will be resolved by applying the most reasonable interpretation under the circumstances. This Policy will not be construed against Morisawa by reason of its preparation.

Article 24: Notice Provision

Except where otherwise indicated, any notice, request, demand or other communication required or permitted hereunder must be in writing and reference this Policy, and will be deemed to be properly given: (a) when delivered personally; (b) when sent by facsimile, with written confirmation of receipt by the sending facsimile machine; (c) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) two (2) business days after deposit with a private industry express courier, with written confirmation of receipt. All notices shall be sent to Morisawa at the following address:

795 Folsom Street 1st Floor San Francisco CA USA 94107

Article 25: Contact Us

Should you have other questions or concerns about the Policy, please contact us through the Morisawa website (https://typesquare.com/question/), by phone at 415-848-2386 or by regular mail to 795 Folsom Street 1st Floor San Fransisco CA USA 94107.