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Legal Details
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Terms of Use

The right to access and use content of kittl.com (“Site”) is provided by Kittl once the User accepts all provisions, rules and conditions of these Terms of Use. If, for whatever reason the User disagrees with these provisions and does not accept these Terms of Use, he/she may not enter the Site and use its resources. In case of any contradiction between the details of these Terms of Use and other documents on the Site, the details given within these Terms of Use shall be dominant and valid.

This Site is owned and operated by HTC Heritage Type GmbH, a German company, together with its affiliates and subsidiaries (collectively referred to as “Kittl” in these Terms of Use and other documents on the Site). HTC Heritage Type GmbH, Germany, Dolziger Str. 46, 10247 Berlin; VAT ID: DE328905639.

Kittl reserves the right to make changes, additions, corrections and editions to these Terms of Use in separate parts or in whole at any time. Such changes are legitimate and effective from the moment of their publication. If the User keeps on working with the Site after such changes have taken place, the User acknowledges his/her consent with them. If at any time the User can no longer conform to the rules and terms given below, he/she should immediately stop using the Site and its content.

1. WORKING WITH SITE CONTENT

The Site is a resource that can contain or directly contains graphics, brand assets, illustrations and other materials (“elements”), files, designs, information, software, photographs and similar content being the subject matter of copyright, a trademark or service mark, or that fall within the scope of other identical or related rights of Kittl, its subdivisions and affiliates or any other third parties including other Users of the Site.

We reserve the right to use user-created designs for Kittl’s marketing and promotional purposes, to publish user-created designs on Kittl social media pages, to include them in email newsletters, to publish on the Site, and to mention the authors when posting their content.

The User has no right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the Site content in any similar way, in part or in whole. Exclusion applies to cases when such permission is clearly and definitely stated in these Terms of Use or any other agreement that comes into effect from the moment when usage of the Site starts (for example, Kittl License Agreement).

Files and other elements of designs presented at the Site are provided to Kittl under the following agreements:

public copyright licenses such as:

  • Open Font License
  • CC0 1.0 Universal (CC0 1.0)
  • Limited use authorizations under public branding policies
  • Other agreements with authors and/or copyright holders

The User has the opportunity and right to download Designs solely in accordance with the conditions stated in Kittl License Agreement and these Terms of Use.

2. ACCESS PASSWORDS

The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and operations governing access to Site content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep it secret and not uncover, pass, or offer personal access data to a third party without clear written permission from Kittl.

The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using the chosen login and password. Also, the User is informed and agrees that Kittl automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Site content. The User realizes that the login and password are unique symbols, even though Kittl does not impose specific requirements as to their contents and quality.

3. SITE BEHAVIOR RULES

The User confirms that he/she does not intend to use content of the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid using any files and designs obtained from the Site in an inappropriate manner including, but not limited to:

  • Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Site
  • Placing, uploading, publishing, showing, or distributing files, elements and designs of a scandalous or detractive nature, including ribald, indecent, coarse or unlawful pictures, designs and other files
  • Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files, elements, designs or parts of program code that include, contain or consist of parts of software, designs, elements or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns or controls such rights or has necessary permissions;
  • Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files, elements, designs or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers
  •  Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files or designs uploaded or downloaded by the User
  • Falsifying or imitating data concerning an original source of any files, elements and designs offered at the Site
  • Advertising or selling goods or services of any kind, and also placing at the Site any information without any relation to the specialization of Site resources (such as surveys, advertisements, or spammer mailings)
  • Downloading or saving any files, elements, designs or programs at the Site if the User knows that they are unlawful, cannot or should not be legally distributed
  • Using any Site options including but not limited to mailing to other members of the Site for advertising purposes, to distribute referral links, promote files, designs, goods, services or activities, whether or not connected to the Site
  • Using any kind of information received from the Site or with the help of the Site for creation of software, resources or programs being in direct or indirect competition to Kittl’s activities

The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other Kittl user records. The User agrees to access files, elements and designs in accordance with Site rules and procedures.

There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by Kittl. Also, Kittl does not warrant their safety and in accordance with the User’s expectations. Kittl shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from Kittl, or to the use of services available from third-party sites.

4. SITE MANAGEMENT

Kittl does not control all uploads and information exchanges performed throughout the Site and is not responsible for such exchange and communication. The Site content and the Site itself are provided for review and use without any personal interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. Nevertheless, Kittl has the right to move, delete, refuse to publish, or edit any text message, files, elements or designs which Kittl may regard as violating or presumably violating these Terms of Use, the rights for private or intellectual property, or similar rights of third parties. The User agrees to the expropriation of any commissions paid for the respective files, elements or designs.

Kittl regularly updates technical, content and other information on the Site. Nevertheless, Kittl makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. Kittl is able to add, review or delete information, resources and services posted on the Site. Also, Kittl reserves the right to make changes to the Site without prior notification.

Kittl has the right but not the obligation to correct mistakes in the files, elements and designs at its own convenience.

Kittl respects the intellectual property of third parties and asks its users to behave the same way. If the User has grounds to believe that his/her work has been copied in violation of copyright, or his/her other intellectual property rights have been violated directly or indirectly, the User should provide Kittl with a claim or notice of such infringement in accordance with the form given within the Terms of Use.

By accepting these Terms of Use, the User acknowledges his/her consent to receive electronic newsletters and notifications from Kittl. The User can always access his/her Private Profile to change whether to enable or disable notifications.

5. CONFIDENTIAL INFORMATION

In accordance with the purposes of these Terms of Use, the term “Confidential Information” should be read as any documents, software, data, information or files related to the process of Kittl management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to: design, business processes, business model, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, Site content belonging to others, and other intellectual property.

The User realizes that Confidential Information is such and cannot be disclosed to third parties without clear written permission from Kittl and its licensors or used otherwise, except in cases established by law or directly specified within these Terms of use.

6. SOFTWARE AND COMPUTER VIRUSES

At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.

Kittl is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files, elements or designs that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files, elements or designs from the Site. Kittl strongly encourage the use of anti-virus software or other protective programs during interaction with all websites.

7. SUBSCRIPTIONS & CANCELLATION

Users can subscribe to a Kittl’s paid Pro, Expert or Business plan. Users have the option to subscribe to a monthly or annual plan. The User’s subscription will automatically renew on a monthly or yearly basis, depending on which plan the User chose. Upon notice of non-renewal, Users will not be charged for the next billing cycle but will not receive any refunds or credits for amounts that have already been charged.

8. PROCEDURE OF NOTIFICATION AND PRESENTATION OF INFRINGEMENT CLAIMS

Kittl respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to Kittl including the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question
  • Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached
  • Description of the place at the Site where this material was placed
  • The email address, phone number and physical address of the User
  • The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner
  • A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that the statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.

The letter including all of the above data should be addressed to the Kittl and submitted through the Contact Us section or by email at info@kittl.com.

8. INDEMNITY

Consenting to these Terms of Use, the User agrees to indemnify, defend and hold Kittl, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Kittl Parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Kittl Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any part of these Terms of Use, including but not limited to the following cases:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;
  • Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached;
  • Description of the place at the Site where this material was placed
  • Any modifications or uses of brand assets;
  • Any violation by the User of the terms and provisions of these Terms of Use.

Kittl reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In this case the User agrees to cooperate with Kittl’s defense in case of such claim.

10. TERM, GROUNDS AND PRINCIPLES OF TERMINATION

These Terms of Use are effective until the moment of its termination. For such purpose at any time the User should send a message using the Site’s Contact form or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify Kittl regarding the desire to terminate these Terms of Use. Kittl reserves the right at its discretion to suspend, terminate or restrict the User’s right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.

Kittl has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.

Kittl also retains the right to suspend or fully terminate access of the User to the Site, files or designs in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site.

Termination of these Terms of Use does not indicate automatic exemption of liability and obligation of reimbursement of debts to Kittl in accordance with the provisions of these Terms of Use or other liabilities of the User, namely: not to use the Site, files, elements, designs or other content presented within its resources by ways other than those permitted with the terms and provisions of these Terms of Use that were valid by the moment of said use. These Terms of Use will be terminated without derogations or impairment to the rights of Kittl, limitations and defense of liabilities provided in accordance with the terms of these Terms of Use, which defense, limitations of liabilities and rights shall survive termination of these Terms of Use.

Upon termination of the User profile and his/her access to the Site files, elements and designs, the User confirms his/her consent to forfeit all credits remaining at his/her account.

11. DISCLAIMER

THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SITE CONTENT IS PROVIDED PURELY AS USER-GENERATED CONTENT AND SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF KITTL. USERS ALWAYS USE THE SITE, SITE CONTENT AND SERVICES AT THEIR OWN RISK.

KITTL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SITE CONTENT AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY APPLICABLE LAW. KITTL MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT AND SERVICES.

MOREOVER, KITTL FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS THAT:

  • ACCESS TO THE SITE, SITE CONTENT AND SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE AT ALL TIMES
  • SITE, SITE CONTENT AND SERVICES WILL MEET USER’S EXPECTATIONS, WILL BE SATISFACTORY TO USER’S NEEDS AND REQUIREMENTS OR WILL BE UNINTERRUPTED AND ERROR-FREE
  • RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT AND SERVICES WILL BE EFFECTIVE OR RELIABLE
  • ANY ERRORS OR DEFECTS IN SITE, SITE CONTENT AND SERVICES WILL BE CORRECTED BY KITTL
  • SITE, SITE CONTENT AND SERVICES WILL BE PERMITTED IN ANY JURISDICTION
  • SITE, SITE CONTENT AND SERVICES WILL BE FREE OF VIRUSES, SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES AND/OR ANY OTHER HARMFUL COMPONENTS
  • SITE, SITE CONTENT AND SERVICES WILL BE INTEROPERABLE WITH USER’S HARDWARE AND SOFTWARE
  • ANY OF USER-GENERATED CONTENT WILL BE AVAILABLE THROUGH THE SITE OR WILL BE STORED (TEMPORARY OR PERMANENTLY) AS A SITE CONTENT
  • ANY DOCUMENTS REGARDING SITE, SITE CONTENT AND SERVICES WILL BE AVAILABLE AT ANY TIME
  • KITTL WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF THE SITE AND SITE CONTENT.

TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH USER FIRST USED THE SITE, SITE CONTENT AND SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

AS LONG AS SITE CONTENT AND SERVICES PROVIDE YOU WITH DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, NO WITHDRAWAL OF THESE TERMS OF USE BY USER SHALL BE POSSIBLE UNDER ANY CONDITIONS.

12. LIMITATION OF LIABILITY

The User confirms that he/she understands and accepts responsibility and assumes all risk resulting from use of the Site, without limitations.

Kittl, its employees, management, partners, shareholders, and agents are not responsible for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of these Terms of Use, as well as out of its jurisdiction, including without limitations the Site navigation, use, access to any files, designs or their parts, as well as any rights included even if Kittl was advised of the theoretical possibility of such damages, regardless of whether the event and failure happened because of infringement on intellectual or other property, was based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.

TOTAL AGGREGATE LIABILITY AND INDEMNIFICATION OF Kittl IN CONNECTION WITH THE USE OF THE SITE, IN WHOLE OR IN PART, OR ITS CONTENT IN MONEY EQUIVALENT SHALL NOT EXCEED TEN EURO (€10.00).

If effective laws and normal acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not by applied to the User. In case of a situation falling under such jurisdiction, the liability of Kittl or any of its employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by the law.

13. AGE AND RESPONSIBILITY

Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Kittl will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Kittl’s attention that any personal information from children was submitted or collected through the Site.

The User confirms and warrants that he/she has reached the age of 18, has all the sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files or designs. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.

14. APPLICABLE LAW

By entering the Site User agrees that these Terms of Use are governed by the laws of Berlin, Germany.

The validity, interpretation and enforcement of these Terms of Use, matters arising out of or related to performance or breach of these Terms of Use, and related matters shall be governed by the German law (without reference to the choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms of Use, matters arising out of or related to performance or breach of these Terms of Use, and related matters, shall be brought exclusively in the State or Federal courts located in the State Berlin, Germany. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these Terms of Use.

The User agrees to service and process of all necessary notifications directed to him/her at the postal address indicated by him/her during registration at the Site. The User agrees to refrain from:

  • Any rights that he/she could have to the process or result of a trial by jury
  • Taking part or organizing any collective claim against Kittl in connection with the Site work, provisions of these Terms of Use or any agreements considered herein

If Kittl is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Kittl for all expenses, payments and fees in the event that Kittl is successful.

15. GENERAL PROVISIONS

The User confirms that, in addition to these Terms of Use, he/she has familiarized himself/herself with the Terms of Use and other agreements that are referenced in these Terms of Use, and agrees with the restrictions which they impose.

Absence of a result of actions performed by Kittl for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.

User shall not be allowed to assign these Terms of Use and/or transfer User’s rights and obligations under these Terms of Use fully or partly to any third parties. Kittl shall be free to assign these Terms of Use and/or transfer User’s rights and obligations under these Terms of Use fully or partly to any third parties upon Kittl sole and absolute discretion.

16. CONTACT INFORMATION

For any questions in connection with the provisions of this document, please contact Kittl at info@kittl.com

17. ACKNOWLEDGEMENT

IN ACCEPTING THESE TERMS OF USE, THE USER ACKNOWLEDGES THAT THE USER HAS READ THESE TERMS OF USE, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF KITTL AGREEING TO PROVIDE THE CONTENT, THE USER AGREES TO BE BOUND BY THESE TERMS OF USE. THE USER FURTHER AGREES THAT THESE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND KITTL, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND KITTL RELATING TO THE SUBJECT OF THESE TERMS OF USE.

BY ACCEPTING THESE TERMS OF USE, THE USER ALSO ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD ALL OTHER RELATED AGREEMENTS LISTED BELOW, WHICH CAN BE FOUND ON THE WEBSITE, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS:

  • Privacy Policy
  • Kittl License Agreement

IN CASE THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF ONE OR MORE OF THE ABOVE-MENTIONED DOCUMENTS, THE USER SHOULD CEASE USING THE WEBSITE OR ANY FEATURES OF THE WEBSITE GOVERNED BY THESE TERMS OF USE; BY USING THE WEBSITE AND ITS FEATURES, THE USER IMPLICITLY AGREES WITH ALL THE PROVISIONS OF THESE TERMS OF USE.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.