Terms & Conditions
Monotype Imaging Holdings Inc., a Delaware corporation with its principal place of business at 500 Unicorn Park Drive, Woburn, MA 01801 United States of America, and its subsidiaries and affiliates worldwide (collectively, the “Company” or “Monotype Imaging”) makes information, products, and services available on our Websites (each individually, the “Site” and collectively, the “Sites”), subject to the following terms and conditions (the “Terms”). We own and operate many Sites. You can determine if a Site is owned and operated by the Company by referring to the Terms and Conditions link available to you on each Site we own and operate. These Terms apply to all of our Sites. The owner and operator of the domain http://typecast.com is Monotype Ltd, a subsidiary of Monotype Imaging Holdings Inc. whose contact details can be found by clicking on the link below.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.
“You” or “your” means you personally (for example, the individual who reads and agrees to be bound by these terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access any of the Sites. The Company reserves the right to change the products, services, prices, and special offers mentioned in any of the Sites, at any time, at its sole discretion.
The Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site after any changes to the site will indicate your acceptance of the changes and Terms. The Company reserves the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved by the Company. The Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, from time to time, and in the Company’s sole discretion.
1. Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these terms and conditions on behalf of such corporation or other legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to the Company.
2. Terms Applicable to Corporations. The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: (i) you agree to require each of your employees to be bound by the terms and conditions of these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the Site, including any breach of the Terms. All references to your access and/or use of the Site herein include access and/or use of the Site by your employees.
3. Terms Applicable to Orders for Product Placed Through the Site(s). The following terms apply to any offer made by you to purchase a product from one of our Sites (an “Order”) which has been placed through any of our Sites for any product offered on any of our Sites:
- Price and availability information is subject to change without notice.
- All product specifications are subject to change without notice.
- Actual product may differ in appearance from images shown.
- If you are purchasing a product through one of our Sites that has been supplied by a third party vendor and that third party vendor has supplied its own end user license agreement to govern the licensing terms of the product you have purchased, your use of the product you have purchased creates a binding agreement between yourself and such third party vendor. In that case, the third party vendor’s terms apply to all aspects of your purchase except terms regarding order placement, shipping and payment, which are outlined below.
Placing an Order
- An Order becomes valid when it has been accepted in writing by the Company either via an electronic or written confirmation (a “Confirmation”), or when the Order is fulfilled via a physical delivery, such as by common carrier, or electronic download, such as by an internet connection, (a “Fulfillment”) of the Order. Any Order placed through the Site is subject to change without notice up until the point that a Confirmation has been received or a Fulfillment has occurred.
- All terms other than those provided to you in a Confirmation related to any Order including its pricing or delivery terms require a subsequent Confirmation by the Company to be valid, including terms and conditions contained on any purchase order You submit as part of Your order.
- The Company reserves the right to correct errors in its offers, invoices and communications at any time until a Confirmation is received by you from the Company or a Fulfillment has occurred, whichever comes first.
Shipping and Payment
- All prices are quoted in the currency noted on the Site you are using, unless otherwise indicated in writing, and are exclusive of all taxes and duties imposed by any governmental authority, all freight and shipping charges, and any insurance premiums, all of which shall be paid by You.
- Payment for goods or services from the Company is net thirty (30) days from the date of invoice, unless other credit terms have been specifically agreed in writing or payment is being made via credit card.
- The freight costs of delivery or any partial delivery will be borne by the customer; delivery is FOB origin.
- Overdue payments bear interest from the due date at the rate of the lower of one and half percent per month (1.5%) or the maximum rate permissible under applicable law.
- Circumstances beyond the Company customary commercial control will release the Company from all liability, even in the case of expressly guaranteed delivery deadlines.
- If necessary, you agree to accept partial shipments, and for such shipments, shall be responsible for paying the partial amounts due.
5. Software. Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of the Company and/or its licensors. Use of the Software is governed by the terms of a separate agreement applicable to the Software (the “License Agreement”). The Software is made available for downloading solely for use by end users in accordance with the applicable License Agreement.
6. Proprietary Rights. The information and materials made available through the Site, are and shall remain the property of the Company, its subsidiaries, affiliates and licensors and are protected by copyright, trademark, patent, and/or rights and laws. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) of, the Site or any information from this Site, in whole or in part, without the express prior written authorization of the Company. Nothing contained on the Site should be construed as granting any license or right to use any of the Company’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without the Company’s express prior written consent.
7. Disclaimer of Warranties. THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. Limitation of Liability. IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, ANY SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SOFTWARE AND/OR OTHER CONTENT POSTED ON THE SITE BY THE COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO ACCESS AND USE THE SITE.
THE SITE, THE PRODUCTS AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, THE PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE SITE AT ANY TIME.
9. Links. SOME OF THE LINKS ON THE SITE(S) WILL LET YOU LEAVE THE COMPANY’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF ANY LINKED SITES. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
11. Termination. You agree that the Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site if the Company believes that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that the Company, its affiliates and licensors, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to the Site.
12. Governing Law and Forum. If you have an existing contractual relationship with the Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your existing contract with the Company. If you have more than one existing contract with the Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your most recent contract with the Company.
If you do not have an existing contractual relationship with the Company, then you agree to the non-exclusive jurisdiction of the Commonwealth of Massachusetts, or an appropriate federal court located in Boston, Massachusetts for any action or proceeding arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these terms. If you are a citizen of a European Union country, you agree that any disputes arising under or in connection with these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions.
13. Forward-Looking Statements. This Web site contains express or implied forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, the risks and uncertainties include, among other things, the timing of scheduled updates to our products and the expected performance of our products. The Company Holdings Inc. assumes no obligation to update any forward-looking statements contained in this press release in the event of changing circumstances or otherwise and such statements are current only as of the date they are made.
14. Miscellaneous. These Terms and any Additional Terms contain the entire agreement between you and the Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
15. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the forum hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/dmca.pdf for details). Notices and counter notices with respect to the forum should be sent to the Company at:
Monotype Imaging Holdings Inc.
Attention: Legal Department
500 Unicorn Park Drive
Woburn, MA 01801
16. No Legal Advice Offered. The content on this Web site is intended to be a general information resource in regard to the subject matter covered. The Company is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via this Web site. Nothing contained in this Web site is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on this Web site is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. This Web site is not a substitute for the advice of an attorney.
17. Notices. Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
Monotype Imaging Holdings Inc.
Attention: Legal Department
500 Unicorn Park Drive
Woburn, MA 01801
Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in the Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
18. Contact Us. Click here to link to a list of our international offices with contact information.
LAST UPDATED: FEBRUARY 6, 2013