Licensing & Usage

OVERVIEW

As with any software that you intend to install or use on your computer or website, a BLKBK font requires a licensing purchase to cover your usage. In doing so you are buying the rights to use that font under the terms and conditions in our Font License Agreement. The following is our Font License Agreement – please read it carefully as it is a legally binding contract between you and BLKBK.  If you have any questions about this Font License Agreement, please contact us at info@blkbktyp.com.

DEFINITIONS

In this Font License Agreement, we use the following defined terms:

Agreement:

We refer to this Font License Agreement, including the Terms and Conditions below, as the Agreement.

Licensor:

We (BLKBK Inc.) are referred to as the Licensor. Our address is Suite 104 - 72 Hargrave Street, Winnipeg, Manitoba, R3C 1N1 and our GST registration number if GST# 743935694 RT000. We also refer to the Licensor as "we", "us", or "our".

Licensee:

You are referred to as the Licensee. Your address is the one you provide when you purchase the Font. We also refer to the Licensee as "you" or "your".

Font:

The font(s) or handset type(s) you are purchasing on this Website is referred to as the Font.

Permitted Use:

The Usage Guidelines in our Menu of Options sets out the details of how you are permitted to use the Font. This is referred to as the Permitted Use. Please read these terms carefully as they are important terms of this Agreement and set out important limitations on your use of the Font.

License Fee:

The Licensee Fee is the amount you pay when you purchase a license from us on the Website.

Currency:

The Licensee Fee is in US dollars – this is referred to as the Currency.

Website:

We refer to our website (https://blkbk.ink/) and all of its pages as the Website.

Delivery Protocol:

We will use digital delivery to provide you with the Font (e.g. downloading from the Website). This is referred to as the Delivery Protocol.

Effective Date:

The Effective Date is the date on which you purchase the Font from the Website.

ACKNOWLEDGEMENT

By purchasing a Font from us on the Website, you agree and acknowledge that you can only use that Font in accordance with this Agreement. You confirm that you have read and understand this Agreement [when you click on "Proceed to Checkout"] to purchase a Font from us.  

TERMS & CONDITIONS

The following terms and conditions govern your use of the Font: 

  1. Ownership: Licensee acknowledges and agrees that: (a) the Font is, and shall at all times remain, the exclusive property of Licensor; (b) any intellectual property right of any kind and in any jurisdiction, regardless of registration or registrability, in or to the Font (specifically including copyright and trademark rights) shall remain the sole and exclusive property of Licensor; (c) no title or ownership rights of any nature or kind whatsoever in the Font are being transferred to Licensee under this Agreement; and (d) this Section 1 also applies to all other Licensor fonts. Licensee agrees to immediately notify Licensor of any reason to believe Licensor's rights in or to the Font have been or are being infringed, and to take all reasonable steps to safeguard, not to prejudice, and to assist in the defence of Licensor's rights in or to the Font.
  2. Grant of License: Subject to this Agreement, Licensor grants to Permitted Parties a non-exclusive, nontransferable, royalty free, perpetual, worldwide, license to reproduce, distribute, publish, maintain, exhibit, display, digitize, perform, exploit and otherwise use the Font (and/or any parts or elements thereof) for the Permitted Use only (the “License”).
  3. Restrictions on Use: Unless expressly permitted hereunder, Licensee shall not, and shall not authorize any third party to, do any of the following: (a) use the Font for anything other than the Permitted Use; (b) encumber, pledge, sell, assign, transfer, rent, lease, or distribute the Font to or in favor of any third party; (c) reverse engineer, decompile, or disassemble the Font; or (d) copy, reproduce, modify or create derivative works of the Font.
  4. Services: Licensor’s sole service obligation is to deliver the Font to Licensee as per the Delivery Protocol.
  5. Fees: Licensee shall pay the entire License Fee plus applicable taxes to Licensor in the Currency and as per the Payment Method prior to the Font being provided to Licensee.
  6. Term: This Agreement is effective as of the Effective Date and shall remain in force unless terminated pursuant to Section 7.
  7. Termination: Notwithstanding Section 6: (a) this Agreement may be terminated immediately by Licensor upon written notice to Licensee if: (i) Licensee commits or permits a breach of any of its covenants or obligations under this Agreement that are not cured by Licensee after written notice is provided by Licensor and Licensee has failed to cure within thirty (30) business days; or (ii) Licensee becomes insolvent or files an assignment in bankruptcy, a receiver or monitor is appointed over its assets, or Licensee ceases to carry on business in the ordinary course; or (b) this Agreement may be terminated upon mutual written agreement of Licensor and Licensee.
  8. Effect of Termination: Upon termination of this Agreement: (a) the License shall terminate immediately; ; and (b) Sections 1, 3, 5, and 8 to 19 both inclusive, shall survive.
  9. Representations and Warranties: Licensor represents and warrants that it owns or controls all right, title and interest in and to the Font and the Font is Licensor’s original creation and Permitted Parties’ exercise of the rights granted herein will not violate the rights of any third party or cause the Permitted Parties to incur any additional fees. Other than as stated herein, the Font is provided by Licensor on an “as is” basis, and Licensor makes no representations, warranties or guarantees of any kind including with respect to the usefulness, and expressly disclaims any implied warranty or condition of merchantability, merchantable quality or fitness for any particular purpose. No oral or written information or advice given by Licensor shall (or be deemed to) create or evidence a representation, warranty or guarantee of any kind.
  10. Electronic Delivery: : If the Font is delivered electronically, Licensor does not represent, warrant or guarantee compatibility with any computer software in order to access the Font, that access to the Font will be uninterrupted or error-free, or that errors will be corrected. Downloading of the Font is at Licensee's own risk. Licensor does not at any time represent, warrant or guarantee that the Font or any related material is free of viruses, worms, or other destructive code. Licensee is responsible for implementing safeguards to protect its computer system and data.
  11. No Liability for Indirect Damages: Regardless of circumstances and regardless of the form of action, in no event shall Licensor be liable for any indirect, incidental, consequential, special, punitive or exemplary losses or damages of any nature or kind whatsoever, including lost profits, lost goodwill or any claim against Licensee by any third party, even if Licensor may have been advised as to the possibility of such losses or damages or if such losses or damages were reasonably foreseeable.
  12. Fundamental Understanding Regarding Risk Allocation: Licensee acknowledges and agrees that the fees payable by Licensee to Licensor pursuant to this Agreement are based upon a specific risk allocation between Licensor and Licensee, and that Licensor would not have entered into this Agreement but for the specific understanding reached with Licensee as to certain risks, as set forth in Sections 9, 12 and 13.
  13. Governing Law: This Agreement shall be governed by the laws of the New York and the laws of New York applicable therein. Licensor may enforce this Agreement in any court of competent jurisdiction.
  14. Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter, and may only be amended by mutual written agreement.
  15. Severability: If any provision of this Agreement is declared illegal, void or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.
  16. Assignment: This Agreement shall be binding upon and shall enure to the benefit of the parties and their respective successors and permitted assigns. Licensor may assign this Agreement without the consent of Licensee, provided that such assignment does not terminate the License hereunder.
  17. Counterparts: This Agreement may be executed in electronic counterparts that together constitute one valid and binding agreement.
  18. Waiver/Remedies: Licensor shall have no claim to additional compensation, and no claim arising out of any use of the Font in accordance with the terms hereof. Licensor shall have no right to inspect or approve any use made of the Font by the Permitted Parties, including, without limitation, any Materials in which the Font is incorporated. Licensor’s rights and remedies in the event of a breach or alleged breach of this Agreement or any term hereof by any Permitted Party shall be limited to Licensor’s right, if any, to recover damages in an action at law and in no event shall Licensor be entitled by reason of any breach or alleged breach to enjoin, restrain, or seek to enjoin or restrain, the use, distribution, or other exploitation of the Materials.
WHY CHOOSE THIS

A Desktop font is designed to be installed on your computer and is compatible with software such as Microsoft Word and Adobe Photoshop. A Desktop Font has OpenType features for designer flexibility and is used to make static images for print and web.

Note: A standard Desktop Font can be purchased separately or as a package which includes a Desktop Font and Webfont.

STANDARD USAGE

Permitted Use

Desktop Font Volume:

Not exceeding the following:

  • Print Ads/Digital Impressions: 2,000 prints
  • Printed Merchandise: 1,000 prints
  • Monthly Webpage Views: 10,000 views
  • Blog - Unlimited Usage

Uses:

The following is permitted:

  • Use of fonts for PERSONAL USE only
  • Use of static images on Website within the tier range
  • Use of font software in the creation of design works, rasterized images for websites and for personal use.
  • You are permitted to keep a single backup copy of Licensed Font Software in the cloud, locally on a desktop, laptop or mobile device, or on a studio server but you as the single End User must be the only individual who maintains and/or has access to the backup copy.

The following is not permitted:

  • Use of font software to create artwork for clothes, packaging, posters, coffee mugs or similar commercial products for PROMOTIONAL USE by you, or your company, however a purchase of a Commercial Extension (Tire Option) is required along with the purchase of a standard Desktop/Webfont License.
  • Use of font software in the creation of, or as part of a company logo is permitted, however a purchase of a Commercial Extension (Additional Media Option) is required along with the purchase of a standard Desktop/Webfont License.
  • In the event that your are require the service of a third party (such as commercial printer or other service company) for the production of colour proofs, film, or preparation of digital pre-press product or the pertinent file to that specific third party.
  • To sell documents and/ or the files containing embedded copies of font software, a ePub licence is required (Additional Media Option).
  • Use of fonts on products for resale or the the allowance of customers to the individual personalize their own physical goods for resale.
  • Use of Desktop font converted to Webfont
  • Use of fonts for Commercial Extensions without purchasing the appropriate Commercial Extension.
  • Embedding of the fonts in electronic devices.
  • Embedding of the fonts within other software.
  • Use of font software to create letterform/alphabet products for resale.
  • No unauthorized uses or copies of BLKBK Font Software may be transferred to any unlicensed party.
  • Use of font software for Main Titles (whereby the Title of the movie or show is displayed in a primary, signature manner) without purchasing the appropriate Commercial Extension for a Movie/Show Broadcasting License.
  • BLKBK font software may not be sub-licensed, sold, leased, rented, lent, or given away to any other individual or entity.

  • In the event of text modification for services by a third party (e.g., commercial printer and or any other service company for production of proofs, films, or preparation for digital pre-press product or printing) the service company is required to purchase its own license. Upon completion of the task, the servicing third party must delete the BLKBK font software used. It is YOUR responsibility to inform the servicing third party about the content of this license agreement. Assigning the license to a third party in any other circumstance is not permitted.
COMMERCIAL EXTENSION (TIER 1 TO 10)

Tier 1 - $200.00

  • Print Ads/Digital Impressions: 2000 - 15,000
  • Printed Merchandise: 1000 - 2000
  • Monthly Webpage Views: 10,000 - 15,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 2 - $300.00

  • Print Ads/Digital Impressions: 15,000 - 20,000
  • Printed Merchandise: 2,000 - 3,000
  • Monthly Webpage Views: 15,000 - 20,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 3 – $400.00

  • Print Ads/Digital Impressions: 20,000 - 30,000
  • Printed Merchandise: 3,000 - 4,000
  • Monthly Webpage Views: 20,000 - 30,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 4 - $500.00

  • Print Ads/Digital Impressions: 30,000 - 50,000
  • Printed Merchandise: 4,000 - 6,000
  • Monthly Webpage Views: 30,000 - 50,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 5 - $600.00

  • Print Ads/Digital Impressions: 50,000 - 75,000
  • Printed Merchandise: 6,000 - 8,000
  • Monthly Webpage Views: 20,000 - 30,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 6 - $700.00

  • Print Ads/Digital Impressions: 75,000 - 100,000
  • Printed Merchandise: 10,000 - 12,000
  • Monthly Webpage Views: 75,000 - 100,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 7 - $800.00

  • Print Ads/Digital Impressions: 100,000 - 150,000
  • Printed Merchandise: 10,000 - 12,000
  • Monthly Webpage Views: 100,000 - 150,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 8 - $900.00

  • Print Ads/Digital Impressions: 150,000 - 225,000
  • Printed Merchandise: 12,000 - 15,000
  • Monthly Webpage Views: 150,000 - 225,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 9 - $1,000.00

  • Print Ads/Digital Impressions: 225,000 - 325,000
  • Printed Merchandise: 15,000 - 20,000
  • Monthly Webpage Views: 225,000 - 325,000
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Tier 10 - $2,500.00

  • Print Ads/Digital Impressions: Unlimited Usage
  • Printed Merchandise: Unlimited Usage
  • Monthly Webpage Views: Unlimited Usage
  • Blog - Unlimited Usage

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Social Media Usage - $500.00

  • Unlimited perpetual usage of a purchase of a BLKBK font used within social media usage.

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Additional Media Options - $1,000.00

  • Unlimited perpetual usage of a purchase of a BLKBK fonts within:

  • Logo/Sign Usage (Unregistered Trademark)

  • Digital Album Cover
  • E-Book/Publications
  • Server
  • Mobile App
  • Corporate Internal Use
  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Video/Computer Game License  - $1,500.00

  • Unlimited Perpetual usage of a purchase of a BLKBK font used within the titles/credits of a video/computer game.

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Television Commercial Broadcasting License - $1,000.00

  • Unlimited perpetual usage of a purchase of a BLKBK font used within a television commercial.

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Movie/Show Broadcasting License - $2,000.00

  • Unlimited perpetual usage of a purchase of a BLKBK font used within a movie/show titles and credits.

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.

Trademark Logo - $2,000.00

  • Unlimited perpetual usage of a purchase of a BLKBK font used within a Trademarked Logo.

  • Please note, along with a Commercial Extension Tier purchase, a purchase of a Desktop/WebFont License is also required.
    WHY CHOOSE THIS

    A Webfont is designed specifically for use on websites and is formatted to work in a web browser using CSS@font-face declaration. Using a Webfont is the most efficient way to design web content without using any graphical elements.

    STANDARD USAGE

    Permitted Use

    Webfont Volume:

    Not exceeding the following:

    • Monthly Webpage Views: 10,000 views

    Uses:

    The following is permitted:

    • Using the Licensed WebFont(s) on the web, for styling HTML web pages, is permitted using CSS @font-face
    • You may use one Licensed WebFont on one domain name (URL) only. Workplace intranets are restricted to these same conditions.
    • You may put online and/or link to the EOT, WOFF, SVG and/or Web-Only TTF file formats provided by BLKBK.
    • Licensed WebFont(s) are for display in the Web environment, in a browser, and only for “stylizing HTML pages.” See exceptions in the Not Permitted section.
    • You may keep backups of Licensed WebFont(s) in the cloud, locally on a desktop, laptop, mobile device, or on a studio server ONLY if you as the individual user/owner is the only person who maintains the backup. It cannot be managed by numerous individuals.

    The following is not permitted:

    • You cannot link the WebFont files across multiple domains.
    • You may not put online and/or link to any other file format than listed in permitted. This includes but is not limited to Truetype or OpenType.
    • If you remove and/or fail to retain comments showing copyright and other legal ownership information in the sample HTML/CSS/Javascript files in your working, published web site code; any and all support is void.
    • You may not exceed the number of monthly page views specified 

      within the Webfont License or Commercial Extension Tier (1-10) you have purchased for the Licensed WebFont. If your six-month average of monthly page views exceeds the amount in your purchased Tier, then you must upgrade your license to the correct Tier view amounts. Determining this information is the responsibility of the purchasing individual.

    • Agencies or other parties responsible for multiple clients’ web sites, including but not limited to; web design agencies, hosting providers or web-based service providers, including but not limited to; online media services or social networks, may not use and/or share a single WebFont or other BLKBK font software licensing for the use and/or benefit of multiple clients. Each benefitting user of WebFont Software must individually purchase their own appropriately-tiered license.

    • Licensed WebFont(s) may not be used in any web-based application where users of the site can select and/or use any Licensed WebFont for any text composition or editing use; where the Licensed WebFont(s) are used within any application that is sold or made available for free, or in any other way distributed for use outside of a web browser, ePub or PDF document of any kind; where users can select and/or use any Licensed WebFont for printing purposes or any other merchandising scenario (e.g., greeting cards or apparel); where the Licensed WebFont(s) are displayed on subdomains at which the content is NOT controlled by you (e.g., use on your personal Tumblr page is acceptable, however, Tumblr cannot feature the WebFont for use by other page holders); where the Licensed WebFont(s) are displayed within an online editor or design tool.

    • You may not use conversion or editing tools to amend, modify or otherwise change or alter the Licensed WebFont(s).
    • You may not adapt, embed, translate, modify, reverse engineer or create derivative works based on the Licensed WebFont(s).
    • You may not re-convert the Licensed WebFont(s) file formats to the other file formats using other online font conversion tools.
    • You may not use the Licensed WebFont(s) with any technologies other than @font-face such as, but not limited to; sIFR, Cufón or Typeface.js.
    • You may not sell, re-sell, sub-license or otherwise make available the Licensed WebFont(s), irrespectively of the technology or design to any third party or WebFont provision service for payment, trade, or without charge.

    Please note:

    BLKBK WebFonts are licensed based on monthly page views at a one-time fee. There are no subscriptions, no re-occurring fees, and no tracking. Should your site incur a higher rate of monthly page views, you are responsible for upgrading your license. You need only to pay the difference.

    Traffic should be based on a six-month average of stats or an estimate of your anticipated average if a six month average is not yet available.

    BLKBK WebFonts are made available in the following file formats: EOT; WOFF; SVG; Web-Only TTF — You are responsible for hosting the files and referring to them with code that you administer. BLKBK simply provides the files as a product and is not responsible for tech and/or design support.

    COMMERCIAL EXTENSION (TIER 1 TO 10)

    Permitted Use

    Tier 1 - $200.00
    Monthly Webpage Views: 10,000 - 15,000

    Tier 2 - $300.00
    Monthly Webpage Views: 15,000 - 20,000

    Tier 3 - 400.00
    Monthly Webpage Views: 20,000 - 30,000

    Tier 4 - $500.00
    Monthly Webpage Views: 30,000 - 50,000

    Tier 5 - $600.00
    Monthly Webpage Views: 50,000 - 75,000

    Tier 6 - $700.00
    Monthly Webpage Views: 75,000 - 100,000

    Tier 7 - $800.00
    Monthly Webpage Views: 100,000 - 150,000

    Tier 8 - $900.00
    Monthly Webpage Views: 150,000 - 225,000

    Tier 9 - $1,000.00

    Monthly Webpage Views: 225,000 - 325,000

    Tier 10 - $2,500.00
    Monthly Webpage Views: Unlimited