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Terms and conditions

brandperfect.org WEBSITE TERMS OF USE

Monotype Imaging Holdings Inc., a Delaware corporation with its principal place of business at 500 Unicorn Park Drive, and its subsidiaries and affiliates worldwide (collectively, “Monotype Imaging”) makes information, products, and services available on our Websites (each individually, the “Site” and collectively, the “Sites”), subject to the following Privacy Policy (the “Privacy Policy”). The Privacy Policy applies to all Sites owned and operated by Monotype Imaging.

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.

Monotype Imaging reserves the right to change the content, products, services, prices, and special offers mentioned in any of the Sites, at any time, at its sole discretion.

Monotype Imaging 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. Monotype Imaging 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 Monotype Imaging. Monotype Imaging may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Monotype Imaging chooses, from time to time, and in Monotype Imaging’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 Monotype Imaging.

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. Information Submitted Through the Site

You may provide content to this Site. We do not guarantee any confidentiality with respect to any content you submit.

You hereby agree to respect the intellectual and industrial property rights of third parties. This especially concerns graphic designs, representations of brands and/or typefaces or photographs from other sources. While it is usually allowed to provide a hyperlink to content protected by intellectual property rights, submitting such content to the mood boards or other areas of the Site may infringe third party rights. By uploading or submitting content on this website, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish such content.

You retain all intellectual and industrial property rights as well as ownership rights in the content you provide to this Site. By submitting content you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

We do not endorse any content submitted to this Site, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with third party content. You agree not to make submissions which contain sexually explicit content, dangerous or illegal acts, threats, graphic violence or other material that could be considered abusive by other users. As a content provider we reserve the right to take down any content provided by you at any time and at our sole discretion. We hereby disclaim any and all liability with regard to the deletion of such content.

4. Privacy

In order to submit information to this Site, you must register. During the registration process we ask you to provide personal information such as your name, email address and picture. Any information you provide in connection with your use of the Site must be true, accurate, and complete, and you will maintain and update such information. You agree that if any information that you provide becomes false, inaccurate, obsolete or incomplete, Monotype Imaging may terminate your use of the Site.

If you “opt-in” we may use this information to send you information related to Brand Perfect and Brand Perfect Partner company news, new services and other company and product information. You may “opt-out” of this preference at any time, whether you’re online or contacting Monotype Imaging directly. You’ll always have the flexibility to “opt-in” at any time based on previous information or newly updated information. If you do not “opt-in” we will only use the personal information described above in order to respond to your inquiry, to provide you access to specific information, to filter information on the Site (for instance by locality) or to administer the website and prevent abusive behavior.

When you browse our Site, you can generally do so anonymously as we don’t collect personal information when you browse; however, your browser automatically tells us the type of computer and operating system you’re using. Like most standard website servers, our Site uses log files (cookies). A “cookie” is a small line of text that is stored with your Web browser for record-keeping purposes and helps Monotype Imaging provide better service to you. Your browser has an option to accept, reject or provide you with notice when a cookie is sent. Once you enter our Site, a cookie follows as you navigate the Site, collecting information including internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer the Site, track users’ overall movements, and gather broad demographic information for aggregate use only, to help us understand what users are seeking on our Site.

The Site is maintained in collaboration with Implere Ltd. and Fjordnet Ltd. who may access and use the personal information solely for purposes described above. We do not sell or otherwise market your personal data to other third parties.

We collect, use or disclose personal information supplied by you only for the purpose(s) initially identified by you, however, in some cases we may use the personal information supplied by you: (i) for any additional purpose that is directly related to the original purpose for which the personal information was collected, (ii) when it is necessary to prepare, negotiate and perform a contract with you, (iii) when it is required by law or the competent governmental or judicial authorities, (iv) when it is necessary to establish or preserve a legal claim or defense, or (v) when it is necessary to prevent fraud or other illegal activities.

If you have privacy concerns, if you want to have your personal information changed or deleted or if you wish to “opt-in” or “opt-out”, please contact us under the contact data set forth in Section 14.

5. Proprietary Rights

Notwithstanding Section 3 above, the information and materials made available through the Site are and shall remain the property of Monotype Imaging, 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 Monotype Imaging. Nothing contained on the Site should be construed as granting any license or right to use any of Monotype Imaging’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without Monotype Imaging’s express prior written consent.

6. Disclaimer of Warranties

MONOTYPE IMAGING 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. MONOTYPE IMAGING 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.

7. Limitation of Liability

IN NO EVENT SHALL MONOTYPE IMAGING 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, MONOTYPE IMAGING 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 MONOTYPE IMAGING OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF MONOTYPE IMAGING 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 MONOTYPE IMAGING 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. MONOTYPE IMAGING MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, THE PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE SITE AT ANY TIME.

8. Links

SOME OF THE LINKS ON THE SITE(S) WILL LET YOU LEAVE MONOTYPE IMAGING’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MONOTYPE IMAGING AND MONOTYPE IMAGING 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. MONOTYPE IMAGING IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MONOTYPE IMAGING IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MONOTYPE IMAGING 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.

9. Rules for Sweepstakes, Contests, Raffles and Other Promotions

In addition to the Terms, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Monotype Imaging urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review Monotype Imaging’s Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

10. Termination

You agree that Monotype Imaging may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site if Monotype Imaging 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 Monotype Imaging, 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.

11. Governing Law and Forum

If you have an existing contractual relationship with Monotype Imaging, 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 Monotype Imaging. If you have more than one existing contract with Monotype Imaging, 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 Monotype Imaging.

If you do not have an existing contractual relationship with Monotype Imaging, 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.

12. Forward-Looking Statements

This 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. Monotype Imaging 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.

13. Miscellaneous

These Terms and any Additional Terms contain the entire agreement between you and Monotype Imaging with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Monotype Imaging 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. Monotype Imaging will not be responsible for failures to fulfill any obligations due to causes beyond its control.

14. Claims of Copyright Infringement; Privacy Contact

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 use the “Report a Problem” button to notify us and request 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:

By Mail:
Monotype Imaging Inc.
Attention: Legal Department
500 Unicorn Park Drive
Woburn, MA 01801

By Email:
DMCA@monotypeimaging.com

15. No Legal Advice Offered

The content on this Site is intended to be a general information resource in regard to the subject matter covered. Monotype Imaging is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via this Site. Nothing contained in this Site is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on this 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 Site is not a substitute for the advice of an attorney.

16. Notices

Notices to Monotype Imaging 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 Monotype Imaging’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.

17. Contact Us

Click here for a list of our international offices, complete with contact information.