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 5A-553 Wardlaw Avenue, Winnipeg, Manitoba, R3L 0M3 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 Licensee a non-exclusive, non-transferable, perpetual license to use the Font 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 until 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; 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; (b) this Agreement may be terminated upon mutual written agreement of Licensor and Licensee; (c) this Agreement shall immediately terminate upon Licensee no longer using the Font for the Permitted Use; or (d) Licensor may terminate this Agreement for convenience at any time on notice to Licensee, if Licensor has good reason to do so, and will provide Licensee with as much notice as possible in the circumstances.
  8. Effect of Termination: Upon termination of this Agreement: (a) the License shall terminate immediately; (b) Licensor shall refund Licensee ½ of the Licensee Fees paid by Licensee for the Permitted Use that is being terminated pursuant to Section 7(d); otherwise under no circumstances shall any refund of License Fees be payable to Licensee; (c) Licensee shall immediately return or destroy (at Licensor's sole option and discretion) the Font and any related documentation, and certify same in writing; and (d) Sections 1, 3, 5, and 8 to 19 both inclusive, shall survive.
  9. Warranty Disclaimer: Notwithstanding any other provision of this Agreement, 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, novelty, non-infringement or validity of the Font, 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: 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. Indemnity: Licensee shall be liable to, and shall indemnify and save harmless Licensor and its directors, officers, shareholders, employees, agents and representatives (collectively, "Representatives"), of, from and against any and all claims, demands, actions, causes of action, damages, losses, costs, liabilities or expenses (including legal fees on a solicitor and client basis) of any nature or kind whatsoever that may be made against, or incurred by, Licensor and/or any of its Representatives, and that are attributable in any manner whatsoever to any breach of this Agreement by Licensee, any act or omission on the part of Licensee or any person for whom or which it is at law responsible, or any use of the Font by Licensee (including the Permitted Use). Licensee agrees that a breach of this Agreement would cause Licensor irreparable injury for which monetary damages would be inadequate and that, in addition to other remedies, Licensor may seek injunctive or other equitable relief relating to such breach without proving actual damages.
  12. 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.
  13. Limited Liability for Direct Damages: Regardless of circumstances and regardless of the form of action, Licensor’s aggregate liability to Licensee for damages in any way related to the subject matter of this Agreement shall be limited to actual direct damages suffered by Licensee, subject to a cap of ½ of the License Fees paid by Licensee for the Permitted Use in question.
  14. 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.
  15. Governing Law: This Agreement shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. Licensor may enforce this Agreement in any court of competent jurisdiction.
  16. 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.
  17. 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.
  18. Assignment: This Agreement shall be binding upon and shall enure to the benefit of the parties and their respective successors and permitted assigns. Licensee may not assign this Agreement, or sublicense, assign or delegate any right or duty hereunder, without the prior written consent of Licensor. Licensor may assign this Agreement without the consent of Licensee. 
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: 5,000 prints
  • Printed Merchandise: 300 prints
  • Monthly Webpage Views: 5,000 views
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Uses:

The following is permitted:

  • 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 and/or professional use.
  • Use of font software to create artwork for clothes, packaging, posters, coffee mugs or similar commercial products for PROMOTIONAL USE by you, your company, or your clients providing that you purchase or inquire about the appropriate licence to cover your Volume Of Usage.
  • Use of fonts on personalized products for resale or the allowance of customers to individual personalize/customize their own physical goods for resale providing that you purchase or inquire about the appropriate licence to cover your Volume Of Usage.
  • Use of font software in the creation of, or as a part of a company logo is permitted, however in order to register a trademark, you must contact BLKBK directly for a custom License and permission to do so.
  • 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.
  • In the event that you require the services of a third party (such as a commercial printer or other service company) for the production of colour proofs, film, or preparation for digital pre-press product or printing, you are permitted to transfer a copy of the BLKBK font software used for creating the pertinent file to that specific third party.
  • For the ability to sell documents and/or files containing embedded copies of font software, a special ePub License is required.

The following is not permitted:

  • Use of Desktop font converted to Webfont
  • Use of fonts for Large Volume Commercial projects unless permission has been granted otherwise.
  • Use of font software to create content that is broadcasted or streamed unless permission has been granted otherwise
  • 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). This would require a Large Volume Commercial License. Please contact us in such an instance.
  • 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 12)

Tier 1 - $200.00

  • Print Ads/Digital Impressions: 5,000 - 7,000
  • Printed Merchandise: 300 - 500
  • Monthly Webpage Views: 5,000 - 7,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 2 - $300.00

  • Print Ads/Digital Impressions: 7,000 - 10,000
  • Printed Merchandise: 500 - 700
  • Monthly Webpage Views: 7,000 - 10,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 3 – $400.00

  • Print Ads/Digital Impressions: 10,000 - 15,000
  • Printed Merchandise: 700 - 900
  • Monthly Webpage Views: 10,000 - 15,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 4 - $500.00

  • Print Ads/Digital Impressions: 15,000 - 20,000
  • Printed Merchandise: 900 – 1,200
  • Monthly Webpage Views: 15,000 - 20,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 5 - $600.00

  • Print Ads/Digital Impressions: 20,000 - 30,000
  • Printed Merchandise: 1,200 – 1,500
  • Monthly Webpage Views: 20,000 - 30,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 6 - $700.00

  • Print Ads/Digital Impressions: 30,000 - 50,000
  • Printed Merchandise: 1,500 – 2,000
  • Monthly Webpage Views: 12,000 – 15,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 7 - $800.00

  • Print Ads/Digital Impressions: 50,000 - 75,000
  • Printed Merchandise: 2,000 – 3,000
  • Monthly Webpage Views: 50,000 - 75,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 8 - $1000.00

  • Print Ads/Digital Impressions: 75,000 - 100,000
  • Printed Merchandise: 3,000 – 5,000
  • Monthly Webpage Views: 75,000 - 100,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 9 - $1500.00

  • Print Ads/Digital Impressions: 100,000 - 150,000
  • Printed Merchandise: 5,000 – 8,000
  • Monthly Webpage Views: 100,000 - 150,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 10 - $2000.00

  • Print Ads/Digital Impressions: 150,000 - 225,000
  • Printed Merchandise: 8,000 – 12,000
  • Monthly Webpage Views: 150,000 - 225,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 11 - $2500.00

  • Print Ads/Digital Impressions: 225,000 - 325,000
  • Printed Merchandise: 12,000 – 20,000
  • Monthly Webpage Views: 225,000 - 325,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing

Tier 12 - $3000.00

  • Print Ads/Digital Impressions: 325,000 - 500,000
  • Printed Merchandise: 20,000 – 30,000
  • Monthly Webpage Views: 325,000 - 500,000
  • Broadcasting: Not permitted, please inquiry directly for Licensing
    COMMERCIAL EXTENSION (LARGE VOLUME)

    Permitted Use

    Large Volume Commercial Use


    Custom Quote Required:

    • Print Ads/Digital Impressions: 500,000 prints+
    • Printed Merchandise: 30,000 prints+
    • Monthly Webpage Views: 500,000 views+
    • Broadcasting: Is only permitted through a custom License.

    Large Volume Commercial Usage includes proper and authorized use of fonts in the creation of products; promotional campaigns and related materials; advertising campaigns and related materials; product packaging or printed materials that results or require the creation of more than Standard Desktop/Web Font License allows; interior or exterior store signage for regional, national or international use (this includes billboards).

    Please contact us at info@blkbktyp.com.

    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: 5,000 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 in the receipt received 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 page view amount. 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 way other than display in a Web environment. This includes platforms such as laptop computers, desktop computers, computer servers, smartphones, electronic kiosks, gaming devices and machines/media players or consoles (e.g., PS4, XBOX, Wii, Gameboy, PSP, Nintendo DS) and/or smart televisions.
    • 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 12)

    Permitted Use

    Tier 1 - $200.00
    Monthly Webpage Views: 5,000 - 7,000

    Tier 2 - $300.00
    Monthly Webpage Views: 7,000 - 10,000

    Tier 3 - 400.00
    Monthly Webpage Views: 10,000 - 15,000

    Tier 4 - $500.00
    Monthly Webpage Views: 15,000 - 20,000

    Tier 5 - $600.00
    Monthly Webpage Views: 20,000 - 30,000

    Tier 6 - $700.00
    Monthly Webpage Views: 30,000 - 50,000

    Tier 7 - $800.00
    Monthly Webpage Views: 50,000 - 75,000

    Tier 8 - $1000.00
    Monthly Webpage Views: 75,000 - 100,000

    Tier 9 - $1500.00

    Monthly Webpage Views: 100,000 - 150,000

    Tier 10 - $2000.00
    Monthly Webpage Views: 150,000 - 225,000

    Tier 11 - $2500.00
    Monthly Webpage Views: 225,000 - 325,000

    Tier 12 - $3000.00
    Monthly Webpage Views: 325,000 - 500,000

      COMMERCIAL EXTENSION (LARGE VOLUME)

      Permitted Use

      Large Volume Commercial UseCustom Quote Required:

      • Monthly Webpage Views: + 500,000 views

      Please contact us at info@blkbktyp.com.

      WHY CHOOSE THIS

      Handset Type is designed to be used on vector editing software such as Abobe Illustrator, Freehand or CorelDraw. It does not work in correspondence with typing on a keyboard but instead each letter is a graphical element that is handset in place by the user. Adobe Photoshop can open EPS files but limits editing capabilities.

      STANDARD USAGE

      Permitted Use

      Handset Type Volume:

      Not exceeding the following:

      • Print Ads/Digital Impressions: 5,000 prints
      • Printed Merchandise: 300 prints
      • Monthly Webpage Views: 5,000 views
      • Broadcasting: Not permitted, please inquiry directly for Licensing

      Uses:

      The following is permitted:

      • Use of BLKBK Handset Type in the creation of design works, rasterized images for websites and for personal and/or professional use.
      • Use of BLKBK Handset Type to create artwork for clothes, packaging, posters, coffee mugs or similar commercial products for PROMOTIONAL USE by you, your company, or your clients providing that you purchase or inquire about the appropriate licence to cover your Volume Of Usage.
      • Use of BLKBK Handset Type on personalized products for resale or the allowance of customers to individual personalize/customize their own physical goods for resale providing that you purchase or inquire about the appropriate licence to cover your Volume Of Usage.
      • Use of BLKBK Handset Type in the creation of, or as a part of a company logo is permitted, however in order to register a trademark, you must contact BLKBK directly for a custom License and permission to do so.
      • You are permitted to keep a single backup copy of Licensed BLKBK Handset Type 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.
      • In the event that you require the services of a third party (such as a commercial printer or other service company) for the production of colour proofs, film, or preparation for digital pre-press product or printing, you are permitted to transfer a copy of the BLKBK Handset Type used for creating the pertinent file to that specific third party.

      The following is not permitted:

      • Use of BLKBK Handset Type for Large Volume Commercial projects unless permission has been granted otherwise.
      • Use of BLKBK Handset Type to create content that is broadcasted or streamed unless permission has been granted otherwise.
      • Embedding of the BLKBK Handset Type in electronic devices.
      • Embedding of the BLKBK Handset Type within other software.
      • Use of BLKBK Handset Type to create letterform/alphabet products for resale.
      • No unauthorized uses or copies of BLKBK Handset Type may be transferred to any unlicensed party.
      • Use of BLKBK Handset Type for Main Titles (whereby the Title of the movie or show is displayed in a primary, signature manner). This would require a Large Volume Commercial License. Please contact us in such an instance.
      • BLKBK Handset Type 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 Handset Type. 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 7)

      Permitted Use

      Please contact us at info@blkbktyp.com.

      COMMERCIAL EXTENSION (LARGE VOLUME)

      Permitted Use

      Please contact us at info@blkbktyp.com.