Terms and Conditions of Use

Last updated: July 2016

This page (together with the documents referred to in it) tells you the terms and conditions of use (the "Terms") on which you must agree to use Royal Mail's "lovetopost" mobile phone application (the "App"), our print and delivery services, our website at www.lovetopost.com and our related customer services – together the "Services".

We also ask that you read our Privacy Policy carefully as this also contains important information which governs your use of the Services and is hereby incorporated by reference.

The App is owned and operated by Royal Mail Group Limited ("Royal Mail"), a limited company registered in England at 100 Victoria Embankment, London EC4Y 0HQ. References to "we", "our" and "us" mean Royal Mail. References to "you" mean you (and/or your parent/guardian if you are under 18 years of age).

Age Restriction

  1. To use the Services you must be aged over the age of 13.
  2. If you are younger than 18:
    1. You must show your parent or guardian these Terms and they must have then given you permission to use the Services; and
    2. Unless your parent or guardian has told you otherwise, you must be supervised at all times by your parent or guardian when using the App.
  3. If you are a parent or guardian of a user of the Services who is under the age of 18, then you must agree to these Terms in respect of yourself and your child and make sure that your child understands and complies with them. Unless you agree that your child can use the App without supervision, you must supervise your child's use of the App at all times. You are responsible for your child's use of the Services (supervised or unsupervised).
  4. Royal Mail may require you to provide satisfactory evidence of your age and of you having the necessary rights and/or permissions referred to above.

Location Restriction

To use these Services you must live in England, Wales, Northern Ireland or Scotland. While you can use the App abroad, the Services, e.g. delivering Prints, can only be provided within the UK.

Your Agreement To Comply With These Rules

  1. Please read all of the Terms very carefully before using the App. You may only use the Service if you agree to follow these Terms. Your downloading, activation and installation of the App indicates your acceptance of these Terms. If you are unhappy with or unsure about any aspect of these Terms, then you should contact us before placing an order with us by email at lovetopost@royalmail.com
  2. The Services that we provide may only be used in accordance with these Terms. The services include:
    1. The ability to take photographs using the App and upload digital images to the App;
    2. The ability to edit photographs (e.g. by adding overlay images and captions and emojis);
    3. The ability to purchase printed copies of the edited photographs in A6 (postcard) size ("Prints") and arrange for these to be posted to your chosen recipient; and
    4. The ability to order any other products or services through the App, for example, buying credits using PayPal.

Your Account

  1. To create an account with us, you must first read and agree to these Terms (with your parent/guardian's consent if you are under 18), register with us within the App or log in using your own Facebook account details and create a profile. You must also have an iPad or iPhone 5 and later with IOS8 or an Android device operating Jellybean 4.2.2 onwards. If you do not have these versions or later of the operating software the App may not work on your device.
  2. Once we have accepted your registration (and until your account is terminated) you will be able to take photos and upload images to the App, access parts of your account and (subject to agreeing any additional terms which may apply) request Services to be supplied by us (such as the printing of Prints).
  3. You agree to provide true, accurate, current and complete information about yourself when registering with the App and opening an account. If you believe that any information which we may hold about you is inaccurate you must inform us immediately so that we can rectify this.
  4. You are responsible for your use of the Services, for any content posted to the Services, and for any consequences thereof. The content which you may submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites. You, are responsible for the security and accuracy of such content. You should only provide content that you are comfortable sharing with others under these Terms.
  5. You are responsible for ensuring the security of any passwords. You must not share passwords with any individual or breach the security or integrity of the data. We remind you that you are expressly and solely responsible for the data uploaded and stored on the App. Royal Mail bears no responsibility for the security of data uploaded and stored on the App.
  6. If, for any reason, we believe that you have not complied with any of these Terms we may, at our sole discretion, terminate your account and cancel your ability to use or have access to the Services immediately and without giving you advance notice.
  7. You will receive order confirmation emails, updates and service notifications, after you create an account, at the email address you register with.

Your Use Of The Services

  1. You will only be able to send Prints to people aged 13 or over who live in England, Wales, Northern Ireland or Scotland.
  2. It is free to download the App. However, if you use the App outside of the UK you may incur charges from your Internet or mobile network provider, for example data roaming charges.
  3. You will be charged for the production and sending of Prints. You must purchase credits to do so and the cost of credits are set out on our website at www.lovetopost.com and will cover the cost of printing and posting the Print to UK addresses only.
  4. Royal Mail may, in its discretion, offer credits for no charge ("Free Credits") which may be used to purchase Services.
  5. The cost of credits may be amended by Royal Mail at any time, with or without notice to you, however we will always inform you of the price of the credits before you purchase them.
  6. Royal Mail aims to process and send Prints for images uploaded before 2pm (GMT) on the same working day. Images uploaded after 2pm (GMT), on a weekend or a UK public holiday will be processed and sent the next working day.
  7. Images and content uploaded may be subject to vetting to ensure compliance with these Terms and the completion of this vetting may delay dispatch of Prints.
  8. If Royal Mail accepts your order, you will be sent an email telling you that the Print is on its way to your chosen recipient and a copy of the Print will appear in your history page. You will be provided with an expected date of delivery in the App but this is not a guarantee that the Print will be delivered by this date.
  9. The Print will be sent by either Royal Mail standard first class or second class post and delivery will be subject to standard Royal Mail delivery terms and conditions. Please see http://www.royalmail.com/personal/uk-delivery/1st-class-mail and http://www.royalmail.com/personal/uk-delivery/2nd-class-mail for details. Delivery will be affected by weekends and public holidays.
  10. We reserve the right to withdraw or suspend the Services where we deem this to be necessary without notice and we will not be liable to you for such unavailability.
  11. Royal Mail is under a legal duty to supply goods that are in conformity with these Terms.

Payment

  1. There is no charge for opening an account for the Services. You will need credits to purchase and send Prints.
  2. Credits can be purchased using a PayPal account. The PayPal account holder must authorise each purchase by inputting their PayPal log in details or scanning their credit or debit card and they will receive a confirmation email following their purchase.
  3. Any charges for credits requested will be billed to the PayPal account holder's PayPal account, credit or debit card once the order for credits has been accepted by us.
  4. You will be notified of any charges for the Services at any time you request the products or services. Payment will be taken in full when you press and hold the "purchase" button and the credits in your account reduced accordingly.
  5. In the event that Royal Mail suspects that there are unauthorised purchases made to your account, Royal Mail has the right to cancel your account at any time without notice and provide your details to the relevant authorities.

Refunds

  1. You will be entitled to a refund of the value of the balance of any credits (other than Free Credits):
    1. if you choose to unregister; or
    2. when a period of 12 months has passed with no orders placed we will assume that your account is no longer active and will email you to confirm that we are closing your account.
    In these circumstances we will refund the value of the balance of any credits held on the account to the relevant PayPal account, credit or debit card holder.
  2. As Prints are customised photographs, you will not be able to cancel your order and obtain a refund once you have clicked the button confirming you want to purchase the Print.
  3. You can attempt to send Prints to recipients who do not currently have the App, by inviting them to download the App and agree to these Terms. If your proposed recipient successfully downloads the App and inputs their address within 14 days of the invitation, Royal Mail will deduct the appropriate amount of credit(s) for those Prints from your account and send the Prints. If your proposed recipient declines your invitation to download the App or does not download the App within 14 days of the invitation the credit(s) will not be deducted from your account and the Print will not be sent. You accept that by sending such an invitation you are committing to the deduction of credit(s) if your proposed recipient follows the steps above.
  4. If Prints are produced and prior to dispatch are then discovered to be in breach of these Terms, we will not dispatch the Prints. If this is the first time you have breached these Terms, Royal Mail may, at its sole discretion, refund the credit(s) used for the order. If this is not the first time you have breached these Terms or if the breach is significant (for example you seek to send unsuitable images listed in clause 9(c)), Royal Mail reserves the right not to refund credits and to cancel your account. We will inform you of cancellation immediately.
  5. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by anything else in these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

Complaints

If you have any questions or queries, or wish to make a complaint, please contact our customer services by emailing us at lovetopost@royalmail.com.

Uploaded Content

  1. Images must be uploaded in digital JPEG format. For further guidance and information on suitable images and uploading please see www.lovetopost.com.
  2. You must ensure that (and represent to Royal Mail that):
    1. you have the right to upload, request us to print and otherwise deal with any image you submit. You must not upload an image if this would breach anyone's intellectual property rights. For example, you may not take photographs from another website or publication and do anything with them if you do not have the permission from the person who owns the relevant rights; and
    2. you have got the permission of any person (or if they are aged under 18 their parent or legal guardian) who appears in the Print, for their image to be reproduced.
  3. You must not submit any images and/or text, or which when considered collectively, any series of images and/or text that, in Royal Mail's sole opinion either:
    1. breach any applicable laws or legislation, including intellectual property rights belonging to another person;
    2. contain images of people who have not given permission for their image to be reproduced;
    3. contain partial or full nudity, are offensive, obscene, pornographic or indecent;
    4. promote any religious beliefs or might offend any person's religious beliefs;
    5. may offend or discriminate against any social, ethnic or other group;
    6. are likely to incite hatred or violence against any person or group;
    7. are political or relate to a political cause or campaign;
    8. create an untrue impression of someone, which could make others hate or ridicule them;
    9. refer to illegal drugs;
    10. refer to Royal Mail's business or brand;
    11. are threatening, abusive or invades another's privacy, or will cause inconvenience or anxiety;
    12. are likely to harass, threaten, embarrass, upset, alarm or annoy any other person; or
    13. are in any other way inappropriate to be sent.
  4. Royal Mail will not tolerate bullying, victimisation, sustained hate campaigns or any acts of unkindness targeted at a particular individual or group of individuals and will suspend or terminate your account if it suspects that this is happening.
  5. Royal Mail will reject orders if, in Royal Mail's sole opinion, the Print(s) will break any of these Terms. Rejected orders will be refunded in accordance with clause 7(d) and defamatory, offensive, obscene or indecent materials may be forwarded to the Police and/or destroyed.
  6. Whilst we prohibit the uploading or sending of certain types of image, we cannot control, nor do we comprehensively monitor, the use of the Services. It is possible that Prints may be posted which are unlawful or offensive and breach our Terms. We are not responsible for such Prints but if you become aware of any such Prints please follow the instructions on the envelope to contact us at lovetopost@royalmail.com and let us know.

Ownership Of The App

The contents of the App, including all pictures, words, music, sound, and software belong to Royal Mail or its licensors (the people who have given permission to Royal Mail to use that material), and are protected by international copyright and other laws.

Personal Use Only

  1. You are only allowed to use the App for your own personal use. You must not copy, loan, sell, resell, assign, rent, lease, publish, redistribute, licence, sublicense or otherwise transfer the Services other than as allowed for your own personal use in line with these Terms.
  2. You further agree, except only to the extent permitted by law, not to undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse-engineering, reverse-compiling, decompiling or disassembling of the App or any part of it or its underlying software or make any attempt to access the source code of the App (or any part of its underlying software).

Intellectual Property Rights

  1. You will own and retain all intellectual property rights, including copyright, in the images you have used whilst using the Services where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the Services.
  2. Provided that you comply with these Terms, Royal Mail hereby gives you a limited, non-exclusive, non-sublicensable, non-assignable, revocable licence to download, install and use the Services (including the software herein) on the handset or device on which you install the Services for the sole purpose of your personal use of the Services from that handset or device.
  3. We may display, modify, print, transmit or distribute any of the images that you upload in order to provide any of the Services.
  4. You confirm and warrant that you have the right to copy, upload or otherwise deal with any images that you upload and to allow us to process and otherwise deal with those images in accordance with these Terms.

Your Data

  1. To the extent that it determines the manner and the purpose of processing, Royal Mail acknowledges that it is a Data Controller (as defined by the Data Protection Act 1998 ("DPA")) of your Personal Data (as defined by the DPA).
  2. Royal Mail's Privacy Policy is available at www.lovetopost.com and also in the App. Please read this policy along with these Terms, as it contains important information as to how we may collect, use and share your information as well as your rights.
  3. In order to receive the benefits of the Services, you and others on your behalf may need to access services and websites operated by parties other than Royal Mail and/or any other company in the Royal Mail Group. Royal Mail is not responsible for the privacy practices or content of any such websites. You should consult the relevant privacy policy and/or the terms of use of such websites to see how each supplier may process your information.
  4. You and (where applicable) your parent/guardian, confirms their understanding and consents to the processing of their Personal Data by Royal Mail and its agents in order to facilitate your use of the App and the Services, as contemplated by these terms and conditions.
  5. Royal Mail may monitor and record communications with you and/or your parent/guardian (including phone conversations and emails) for quality assurance and compliance reasons. This information may be disclosed to third parties such as law enforcement agencies in Royal Mail's absolute discretion or pursuant to a court order.
  6. Royal Mail may hold personal information for as long as it is necessary to do so for the purposes set out in these terms and conditions and any other purposes notified to you to which you and (where applicable) your parent/guardian has consented.
  7. When you register to use the App you will log in using either the registration fields within the App or the email address and password you use for your Facebook account. You agree not to use the Facebook email address and password of any other person at any time and not to share your password with any other person.
  8. You are entirely responsible for keeping your passwords confidential (secret) and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. You agree to immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by sending us an appropriately worded email to lovetopost@royalmail.com.

Third Party Terms And Conditions

  1. We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our written permission.
  2. Where you your Facebook details to log-into the App, the App requires a Facebook log in to be used. Facebook is not related to Royal Mail and the App is in no way sponsored, endorsed or administered by, or associated with, Facebook. You must not use Facebook unless you have agreed to comply with the terms and conditions of Facebook.
  3. This App links to PayPal. Royal Mail is not related to PayPal and the App is in no way sponsored, endorsed or administered by, or associated with, PayPal.

Liability

  1. To the maximum extent permitted by law, we disclaim all implied warranties with regard to the Services. All of the Services are provided on an "as is" and "as available" basis. Royal Mail makes no warranty whatsoever for the reliability, stability, security, timely error-free or virus-free nature of the Services.
  2. Access to the Internet and your mobile network is provided by your Internet service provider and mobile network provider respectively and as such is outside the control of Royal Mail – as such we cannot accept any responsibility or liability for any failure of your mobile network or Internet provider, any losses or damage suffered as a result of such failures, or any charges you incur from your Internet services provider or mobile network provider as a result of using the App abroad (for example data roaming charges).
  3. The App may include links to other Internet sites such as PayPal and Facebook. We do not endorse any such websites and we are not responsible for the information, material or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
  4. If there are any problems with your Prints please notify us in writing via lovetopost@royalmail.com or at www.lovetopost.com as soon as possible. The notification should include the unique image ID which can be found on the reverse of the Print and details of the claim. In the case of a valid claim, we will replace the Print(s) unless this is impossible to do in which case we will refund your account within 14 days of the day that we determine you are entitled to a refund.
  5. YOU WILL RELEASE AND INDEMNIFY AND KEEP ROYAL MAIL FULLY AND EFFECTIVELY INDEMNIFIED AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, ACTIONS, DEMANDS, EXPENSES, PROCEEDINGS, JUDGMENTS, COURT ORDERS OR OTHER LIABILITIES ARISING OUT OF, OR RELATING TO YOUR NEGLIGENCE OR WILFUL DEFAULT IN OR RELATING TO THE PERFORMANCE OF YOUR OBLIGATIONS UNDER THESE TERMS. BY INDEMNIFY WE MEAN THAT THE COSTS WE INCUR WE CAN CLAIM BACK FROM YOU.
  6. ROYAL MAIL SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF PROFIT) ARISING DIRECTLY OR INDIRECTLY FROM ANY FAILURE OR DELAY IN PERFORMING ANY OBLIGATION UNDER THESE TERMS BY REASON OF ANY EVENT OR CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL, INCLUDING INDUSTRIAL ACTION, FAILURE OF POWER SUPPLIER OR EQUIPMENT, GOVERNMENT ACTION OR ACTS OF GOD. ROYAL MAIL DOES NOT EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
  7. ROYAL MAIL'S TOTAL LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IS LIMITED TO THE GREATER OF £1,000 AND THE NET PURCHASE PRICE FOR THE PRINTS.

Changes

  1. We may alter, remove or withdraw the App or any part of it (including any digital copies of Prints that you have sent or received in the post) at any time for any reason, with or without telling you.
  2. We may change any of these Terms at any time by amending this page. You must make a note of the "Last Updated" date at the top of this page and check back regularly for updates. Your continued use of the App confirms your acceptance to any updated terms.

Term

These Terms and your obligations under these Terms will remain in full force and effect while you use the Services and are registered as a user of the App. You may unregister at any time, for any reason by logging out of the App and deleting it from your device.

Law

Any contract between us shall be governed by and construed in accordance with English law. This means that any dispute or claim arising out of or in connection with a contract between you and Royal Mail will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Acknowledgment

  1. Royal Mail and you acknowledge that these Terms are between Royal Mail and you only, and not with Apple, Inc or Google, Inc (each, an “App Store”) even though the App is only available from the Apple App Store or Android Marketplace. Royal Mail, and neither App Store, is solely responsible for the App.
  2. If the terms of use of the App in these Terms conflict with or are less restrictive than the Usage Rules for the App or the Apple App Store’s terms, the Usage Rules for the App or the Apple App Store’s terms apply.
  3. You agree:
    1. to pay all fees charged by the App Store in connection with the App (if any);
    2. to comply with, and your licence to use the App is conditional upon your compliance with, all applicable third party terms of agreement (e.g. the Usage Rules and Apple App Store’s terms which can be found at http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html) when using the App; and
    3. that Apple, Inc (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce these Terms.
  4. Royal Mail is solely responsible for providing any maintenance, support or any product warranties of the App, as specified in these Terms or as required or implied under law. Royal Mail and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support of the App and if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple will not have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Royal Mail’s sole responsibility in accordance with these Terms.
  5. Royal Mail and you acknowledge that Royal Mail, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
    1. product liability claims;
    2. any claim that the App fails to conform to any applicable legal or regulatory requirement;
    3. claims arising under consumer protection or similar legislation; and
    4. claims that the App or your possession and use of the App infringe a third party’s intellectual property rights and Royal Mail, not the Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  6. YOU REPRESENT AND WARRANT THAT (A) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (B) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

Licenses

Font: Just Another Hand

Copyright © Astigmatic

Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Font: Gentium Book Basic

Copyright (c) 2003-2013 SIL International (http://www.sil.org/),
with Reserved Font Names "Gentium" and "SIL".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL

Font: Asap

Copyright © 2011, Omnibus-Type (www.omnibus-type.com | omnibus.type@gmail.com),
with Reserved Font Name "Asap".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL

SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007

PREAMBLE

The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.

The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.

DEFINITIONS

"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.

"Reserved Font Name" refers to any names specified as such after the copyright statement(s).

"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).

"Modified Version" refers to any derivative made by adding to, deleting, or substituting -- in part or in whole -- any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.

"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.

PERMISSION & CONDITIONS

Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:

  1. Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
  2. Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
  3. No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
  4. The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
  5. The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.

TERMINATION

This license becomes null and void if any of the above conditions are not met.

DISCLAIMER

THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.