Legal

Terms of Use

Last updated: January 3, 2017.

Introduction and Eligibility.

Monotype Imaging Holdings Inc., a Delaware corporation with its principal offices at 600 Unicorn Park Drive, Woburn, Massachusetts 01801 USA and its subsidiaries and affiliates worldwide (collectively, “we”, “us” and/or “our”), makes information, products, applications and services available, including on our websites (the “Site(s)”) and through mobile devices, subject to the following Terms of Use (the “Terms”). These Terms apply to all of our Sites, products (including Trial Font Software as defined in these Terms), services, and mobile applications made available through a third party on-line store or service (collectively, the “Services”). These Terms include our Privacy Policy Statement, which is incorporated by reference. “You” or “your” means you personally (for example, the individual who reads and agrees to be bound by these Terms), and, if you access the Services on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access the Services. We reserve the right to change anything associated with or available on the Services at any time, in its sole discretion.

Binding Agreement. Please read these terms carefully before using the Services. By accessing the Services, you agree to be bound by these terms. If you do not agree to the terms, please do not use the Services. Section titles in these Terms are for convenience only and have no legal or contractual effect.

Eligibility. The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for that child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.

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 that use or access the Services to be bound by these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the use of the Services, including any breach of these Terms. All references to your access and/or use of the Site herein include access and/or use of the Services by your employees.

Additional Terms. We may require you to agree to additional terms, rules, policies, guidelines, end user license agreements or other conditions of use (collectively, the "Additional Terms") in order to use particular Services, to license certain products available through certain Services, and/or to receive or use certain Services that we may offer from time to time. Such Additional Terms include, but are not limited to, our Terms and Conditions of Business and end user license agreements applicable to certain products which are made available with such products. If there is any conflict between the Additional Terms and these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.

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 Services may be governed by Additional Terms that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any Additional Terms applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Statement which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the Additional Terms of any Promotion conflict with these Terms, the Additional Terms of such Promotion shall control.

Changes to the Services. We reserve the right to change the information, products, services, prices, and Promotions mentioned in any of the Services, at any time, at our sole discretion, with or without notice. You agree that we are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Services. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, from time to time, and in our sole discretion.

Changes to the Terms. You understand and agree that we may change these Terms at any time with or without prior notice. Revised Terms will become effective at the time of posting, and you can determine when these Terms were last revised by referring to the “LAST REVISED” at the top of these Terms. Your continued use of the Services after any changes to the Terms constitutes your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Services. We reserve 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.

Notices. Notices to us 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.
Attn: Legal Department
600 Unicorn Park Drive
Woburn, MA 01801 USA

Notices to you may be made via posting to a Service, by e-mail, or by regular mail, in our sole discretion. We may also provide notices of changes to these Terms or other matters by displaying those notices or by providing links to those notices.

If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the applicable Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your personal information (or to withdraw your consent from receiving electronic notice), please notify us at privacy@monotype.com.

We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Your Access to and Use of the Services.

Proprietary Rights. The Services contain material including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements we have with third parties. The Content and the compilation (meaning the collection, arrangement and assembly) of all Content and Services are protected by United States and foreign intellectual property laws. Unauthorized use of the Content or Services may result in violation of copyright, trademark, trade dress, patent, and/or other rights and laws. Except as expressly authorized in writing by us or expressly permitted by these Terms or applicable Additional Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) of the Services or the Content, in whole or in part.

Trademarks. Our trademarks, service marks, and logos used and displayed on the Services are our registered and unregistered trademarks or service marks. Other company, product, and service names used and displayed on the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and collectively with our Trademarks, the “Trademarks”). Nothing on the Services or in these Terms or any Additional Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage us or the any third-party owner, any or our products or services or any other applicable third-parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. We reserve all rights not expressly granted herein.

Limited License to You. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to use the Services and Content for your own personal use, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, scrape, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Services or Content. You may copy or save any Content or a portion of it in limited cases for personal use or records, provided that any logos marks or other legends that appear on copied screens remain and are not removed from the Content. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Except for those rights expressly granted in these Terms or any applicable Additional terms, no other rights are granted to you or any third party, whether express or implied.

Trial Font Software and Limited Font Software Sending. On occasion, we will offer free trials of font software (“Trial Font Software”) or may allow a subscriber on one of our Services to send font software to a non-subscriber for a limited time period and for a limited purpose (“Sent Font Software”). In order to Use the Trial Font Software, you will be required to download, install and agree to the license terms for our SkyFonts™ client software. In order to Use the Sent Font Software, any third party you invite to use the Sent Font Software through your account, will be required to download, install and agree to the license terms for our SkyFonts™ client software and any font software end user license agreement provided as part of the font sending feature. You must have an account on the Service offering the trial or font software sending feature in order to access the Trial Font Software or offer access to the Sent Font Software to a third party. You acknowledge that Use of and access to the Trial Font Software supplied to you by us is governed by this section of these Terms as well as any Trial Font Software end user license agreement provided to you. You have no rights to the Trial Font Software other than as set forth in this section and any associated Trial Font Software end user license agreement. We reserve all rights not expressly granted in this section of these Terms. You acknowledge that your ability to offer Sent Font Software to a third party will depend on your compliance with the terms of the sending feature on the Service, the maintenance of your account in good standing, and the third party’s compliance with the requirements to access the Sent Font Software, as well as their agreement to any font software end user license agreement presented to them by Monotype.

In the case of Trial Font Software, you may Use the Trial Font Software, in each case, for a single period of time as stated on the specific Service you are using or in the Trial Font Software end user license agreement on the number of hardware components in which an individual is able to give commands, whether by keyboard or otherwise, that are followed by the Trial Font Software. The Trial Font Software is subject to the following restrictions:

  • you may not Use the Trial Font Software to create anything which is offered for distribution to the general public, or to some subset of the general public, in exchange for a separate fee or other consideration;
  • you may not distribute the Trial Font Software, any portion of the Trial Font Software or any electronic or printed document created through the Use of the Trial Font Software; and
  • you may not modify the Trial Font Software in any way.

You acknowledge that the Trial Font Software will be removed from your account on the specific Service, and de-installed from any hardware components on which the Trial Font Software has been installed, at the end of the trial period. Your right to download Trial Font Software shall be in effect for so long as your account on the specific Service remains in good standing, provided that we reserve the right to terminate your right to Use or download Trial Font Software at any time. We also reserve the right to remove or update Trial Font Software from the SkyFonts client software at our sole discretion at any time. You agree that we have no support obligations related to this Trial Font Software. As used herein:

  • “Trial Font Software” means the font software identified as such, from time to time, in your account on the applicable Service and subject to the limitations set forth in your account and the limited rights set forth herein and which, when Used on or accessed by an appropriate device or devices, generates typeface and typographic designs and ornaments and which are made available to you, in our sole discretion, through our SkyFonts client software.
  • “Use(d)” of the Trial Font Software occurs when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Trial Font Software, regardless of the location in which the font software resides.

In the case of conflict between these Terms and any terms set forth in a Trial Font Software end user license agreement, the terms of the Trial Font Software end user license agreement shall control.

Rules of Conduct. While using a Service you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, we expect our users to respect the rights and dignity of others. Your use of any of the Sites or Services is conditioned on your compliance with the rules of conduct noted in this section; any failure to comply may also result in termination of your access to a Service. You understand, acknowledge, agree and warrant that you may not and that you will not:

• Post, transmit, or otherwise make available through or in connection with any Site or Service anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.

• Post, transmit, or otherwise make available through or in connection with any Service any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.

• Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.

• Use the Services to advertise or offer to sell or buy any goods or services without our express prior written consent.

• Use a Service for any fraudulent or unlawful purpose.

• Harvest or collect personally identifiable information about other users of any Services.

• Post, transmit, or otherwise make available through or in connection with any Service any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of a Service, without our express prior, written consent.

• Impersonate any person or entity, including any of our representatives or our affiliates or business partners.

• Falsely state or otherwise misrepresent your affiliation with any person or entity.

• Express or imply that we endorse any statement you make.

• Interfere with or disrupt the operation of a Service or the servers or networks used to make a Service available; or violate any requirements, procedures, policies or regulations of such networks.

• Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of a Service).

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any Content, product, service and other materials available through any Service) including any products or services of any third party made available through the use of or access to our Services.

• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Sites or Services (including any Content and other materials available through the Services), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.

• Remove any copyright, trademark or other proprietary rights notice from the Services or Content and other materials originating from any Service.

• Frame or mirror any part of a Service without our express prior written consent.

• Create a database by systematically downloading and storing all or any Services or Content.

Third Party Links and Services. Some of our Services may contain links to, or may link to third-party websites or third party services or may enable you to access the Services using your account on third party social media websites (collectively, “Third Party Links”). Third Party Links are not under our control and we are not responsible for the contents of or any changes or updates to any Third Party Links. We are not responsible for any form of transmission received from any Third Party Links. We provide Third Party Links to you only as a convenience, and the inclusion of such Third Party Links does not imply our endorsement of any Third Party Links or associated products or services. You agree that your use of Third Party Links, 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 Third Party Links.

Interactions with Other Users or Third Parties. Some of the Services enable or facilitate communications between you and other users or third parties. Examples include but are not limited to a discussion group, chat area, bulletin board, news group, wiki/help area, feedback, communications directed to us, our webmaster or employees, e-mail function or other interactive functionality offered as part of any of our Services (the “Forums”). As a neutral facilitator, we are not directly involved in the actual transactions and/or communications between you and other third parties. We have no control over the truth, accuracy, quality, legality, offensiveness, or safety of content or other postings made by other users or third parties. You shall at all times exercise common sense and good judgment when dealing with any other users or third parties through the Services. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and do not reflect our opinions and/or our respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives. We, our subsidiaries, affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. Without limitation, we and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives, are not responsible for any information or materials made available by any third party (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. You are solely responsible for your involvement with other users and third parties. We reserve the right, but have no obligation, to monitor disagreements between any users of the Services. In addition, we and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any forum or any other part of a Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON ANY SERVICE, YOU DO SO AT YOUR OWN RISK.

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 the materials, content or products made available on any of our Sites or Services 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. Notices and counter notices with respect to the forum should be sent to us via email at dmca@monotype.com, or by writing to us at:

Monotype Imaging Holdings Inc.
Attn: Legal Department - DMCA
600 Unicorn Park Drive
Woburn, MA 01801 USA

Registration; Usernames and Passwords. You may be required to register with us in order to access certain Services. With respect to any registration, we may refuse to grant you permission to register under a specific username or email address for any reason, at our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occur in connection with your username or password. If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account on such Services has occurred, you agree to immediately notify us by e-mail to legal@monotype.com. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.

Information Submitted Through the Services. Your submission of information through the Sites or Services is governed by our Privacy Policy Statement. You represent and warrant that any personal information you provide in connection with your use of the Services must be true, accurate, and complete, and you will maintain and update such personal information. You agree that if any personal information that you provide becomes false, inaccurate, obsolete or incomplete, we may terminate your use of or access to the Services. For each submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such submission, and your provision thereof to and through the Services, comply with all applicable laws, rules and regulations.

No Confidentiality and How to Share an Idea. Except for information necessary to place an order, you may not submit or share confidential or proprietary information or trade secrets through the Services. If you wish to share an idea or suggestion with us, you must submit the idea to us at legal@monotype.com. By submitting an idea or suggestion, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.

Monitoring. We reserve the right, but have no obligation, to monitor use of the Services and/or any activities conducted through or in any way related to the Services. You acknowledge and agree that we reserve the right (but have no obligation) to do one or more of the following in our sole discretion, without notice or attribution to you: (i) monitor submissions as well as access to a Service; (ii) alter, remove, or refuse to post or allow to be posted any submission; and/or (iii) disclose any submission, and the circumstances surrounding their transmission, to any third party in order to operate any Service; to protect ourselves, our subsidiaries and affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Service’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. We disclaim any responsibility for content submitted by users on or through any of the Services. 

Termination. You agree that we may, in our sole discretion, at any time and for any reason or no reason, terminate your access to any Service if we believe that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Service will immediately cease. You agree that any termination of your access to or use of any Service may be effected without prior notice. You agree that we, our subsidiaries, 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 any Service. These Terms shall survive any termination of your access to any of the Services.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

DISCLAIMER OF WARRANTIES. WE AND/OR OUR PARENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR CONTENT FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM OR THIRD PARTY APPLICATION.

THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN.

YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK AND THAT THE SERVICES AND CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SERVICES OR CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY PARTIES 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 SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY PARTIES 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 US TO ACCESS AND USE THE APPLICABLE SERVICES.

THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services or Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with all reasonable requests to assist the Company Parties in defense of such matters.

Miscellaneous Terms.

Compliance with Applicable Laws. We are based in the United States. We make no claims concerning whether the Services or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or Content from outside the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.

Export. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Services or Content to countries or persons prohibited under the export control laws. By downloading any software, application programming interface, applications or Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the content.

No Legal Advice Offered. Certain of our Services are intended to be a general information resource in regard to the subject matter covered. We are not a law firm and we do not directly or indirectly practice law or attempt to render or dispense legal services. None of our Services are intended to be instruction for legal representation, can be considered a substitute for the advice of an attorney or is intended to establish an attorney-client relationship. Any information provided 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.

Forward-Looking Statements. Some Sites contain 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 such forward-looking statements. Such statements include those that (a) use the words “believes,” “expects,” “anticipates,” “estimates,” “will” or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products or services; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting our operations, markets, products or services. Further information on potential factors that could affect our actual financial results are included in our filings with the Securities and Exchange Commission; specifically, our most recent reports on Form 10-K and Form 10-Q. We do not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.

General. These Terms and any Additional Terms contain the entire agreement between us and you with respect to our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us and you with respect to any Services with the exception of any end user license agreement you may have been presented or agreed to with us. In those cases, the terms of the end user license agreement controls. 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. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.

Governing Law and Forum. If you access the Services from the United States, you agree that any dispute, proceeding or action arising under or in connection with your use of the Sites, Services or these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to applicable conflict of law provisions. If you are a citizen of a European Union country, you agree that any dispute, proceeding or action arising under or in connection with your use of the Sites, Services or 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. You and the Company Parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boston, Massachusetts. Nothing herein shall be deemed to constitute consent by us to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder, and you covenant not to sue the Company Parties in any other forums. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms.

Class Waiver and Waiver of Jury Trial. You agree to first contact us at legal@monotype.com regarding any claim or controversy arising out of or relating to these Terms or your use of the Services. You agree that regardless of any statute or law to the contrary, you must file any such claim within one (1) year after such claim arose or it is forever barred. Any proceedings to resolve or litigate any dispute in any forum with respect to these Terms or the Services will be conducted solely on an individual basis. Neither you nor the Company Parties will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree to waive your right to a jury trial in connection with any dispute relating to these Terms or your use of the Services. If this class action waiver or waiver of jury trial is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

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Terms and Conditions of Business

We recommend that you print these Terms and Conditions of Business for further reference.

  1. Scope. The following Terms and Conditions will apply exclusively to the current and future business relationships between Monotype Imaging Inc. (collectively with its subsidiaries and affiliated companies, “Monotype”) and you (“you” or the “customer”). Any additional or inconsistent terms issued by you, including any such terms and conditions set forth on a purchase order provided by you shall not be binding upon Monotype, unless Monotype gives its express agreement in writing.

  2. Entire Agreement. Any quotation or price information made available by Monotype is without obligation and subject to change without notice unless an offer has been designated as binding. Oral understandings between you and Monotype will require written confirmation by Monotype and a contract between you and Monotype will only become valid when it has been accepted in writing by Monotype (e.g., confirmation of order, which will be final) or when the order is performed (e.g., delivery, download or connection by you of or to the software). As permitted by law, Monotype reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and Monotype each owe a duty to each other co-operate in order to give full effect to your agreement.

  3. Assignment. Unless specifically set forth in a written agreement between you and Monotype, your obligations to Monotype may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms and Conditions shall be binding on each party’s successors and assigns.

  4. Delivery. As permitted by law, Monotype’s standard delivery terms are FOB origin.

  5. Prices. Unless otherwise indicated in writing by Monotype, all prices are quoted in US dollars and are exclusive of all taxes and duties imposed by any governmental authority and freight and shipping charges, all of which shall be paid by you.

  6. Payment. Unless specifically set forth in a written agreement between you and Monotype, payment for goods or services from Monotype is net thirty (30) days from the date of invoice. Overdue payments shall 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.

  7. Warranty. Unless specifically set forth in a written agreement between you and Monotype or as required by law, the goods and services purchased by you are provided “as is” without any representation or warranty of any kind, including without limitation, any warranty of non-infringement or fitness for a particular purpose.

  8. Partial Nullity. In the event that any provision of these Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.

  9. Export. You agree that the software licensed to you by Monotype will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.

  10. U.S. Government Contracts. If the software licensed to you by Monotype is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in your agreement with Monotype.

  11. Governing Law and Jurisdiction. If you enter into this agreement through the Monotype affiliate Monotype Ltd. the agreement is governed by the laws of England and Wales (without regard to applicable conflict of laws provisions). The courts of London, England, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Monotype Ltd. agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

    If you enter into this agreement through the Monotype affiliate Monotype GmbH the agreement is governed by the laws of Germany (without regard to applicable conflict of laws provisions). The courts of Frankfurt/Main, Germany, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Monotype GmbH agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

    The agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. Unless you enter into this agreement through the Monotype affiliate Monotype Ltd. or Monotype GmbH, or unless otherwise set forth in writing in the agreement between you and Monotype, the agreement entered into between you and Monotype is governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Monotype agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

Privacy Policy Statement

Last updated: January 3, 2017.

Introduction.

Monotype Imaging Holdings Inc., a Delaware corporation with its principal offices at 600 Unicorn Park Drive, Woburn, Massachusetts 01801 USA, and our subsidiaries and affiliates worldwide (collectively, “we”, “us” and/or “our”), make information, products and services available to you directly, on our websites (the “Site(s)”), through app stores, messaging or social network platforms, as well as through other means, all subject to the following Privacy Policy Statement (the "Privacy Statement"). The Privacy Statement applies to all products and services that link to or display this Privacy Statement and/or any Site we own or operate (collectively, the “Services”). By using any of our Services, you agree that we may collect, process, parse, store, retain and use your information, including your personal information, in accordance with this Privacy Statement, as revised from time to time. The Privacy Statement is incorporated by reference into our Terms of Use.

What's Contained in this Privacy Statement?

The following subjects are discussed in this Privacy Statement:

  • What information do we collect from you?

o Personal information.

o Device information.

o Aggregated usage and statistical information.

  • How do we use the information we collect from you?
  • How and with whom do we share and disclose information we collect from you?
  • Do we participate in interest based advertising programs?
  • How can I access and update my personal information?
  • How can I opt-out?
  • How do you keep my information secure?
  • What Services are not covered by this Privacy Statement?
  • Do we collect information from children under the age of 13?
  • Do we transfer data and do we transfer data across-borders?
  • How can you contact us?
  • Do we make changes to this Privacy Statement and/or our privacy practices?

What information do we collect from you?

We may collect several types of information about you, including:

  • Personal information (information that may be used to readily identify, contact or locate you):
    • Personal information (information that may be used to readily identify, contact or locate you):
      • We may collect personal information about you through your use of our Services, such as when you register for our Services, subscribe to receive our communications, update your account information, enter our contests or sweepstakes, respond to surveys, make purchases, contact us with questions or comments, apply for a job, connect with us through social networking platforms, interact with one of our chatbots, submit user generated content or participate in our online forums or promotions, interact with our salespeople, and/or contact our customer service departments.
        • If, when interacting with one of our Services, you invite third parties to join your account on one of our Services, we may collect all information you provide about those third parties which can include personal information, so you should be sure you have that third parties permission to invite them to join your account, and you should inform them of our privacy practices.
    • Personal information we collect may include:
      • your full name, username, password, email address, telephone number, physical or billing mail addresses, other information you provide to us when accessing or using one of our Services, and if you have contacted us or accessed one of our Services on behalf of a business or other entity, your professional contact information and any relevant details about your business or entity as it relates to you;
      • information contained in your interactions with one of our chatbots, keystroke information you enter when using one of our mobile applications, comments you may make on one of our forums, attitudes and opinions about and usage of our products that are attributable to you, your demographics, your location, your interests, your professional or lifestyle information, your job description, your level of satisfaction with our Services, your purchasing behavior or history, and your browsing, downloading and other internet- or mobile-based activities;
      • information about you contained in a resume or curriculum vitae, details about yourself that you submit in connection with a job application or inquiry including profile information on any social networking site (for example LinkedIn) if you apply for a job in that manner;
      • information about you that is publicly available or provided by third parties such as information that is posted on social media sites, blogs and other websites; and/or
      • information about you contained in e-mail lists, mailing lists, customer leads, and/or other data we may purchase or obtain from third parties for our advertising and marketing purposes.

    We may link information you’ve provided us with other information about you, such as linking your name with your geographic location or your browsing or purchasing history, and we also may Link personal information with information we receive about you from third parties. If we link your personal information with any other information collected or received from you or third parties, we will treat that linked information as personal information. We may ask you to input a credit card number when making a purchase, however all credit card numbers you input through one of our Services are processed and/or stored by a third party credit card or payment facilitator or processor, and not by us.

    • Device information (information about the type of or specific device you use to access our Services):
      • Server log files. An Internet Protocol (“IP”) address is a number automatically assigned to the computer that you are using by your Internet service provider and is identified and logged automatically in our server log files whenever you use certain of our other Services, along with the time of the visit, the page(s) or products that were visited and other information related to your visit. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, administering our Services, and improving user experiences. We may be able to ascertain your general location through your IP address.
      • Mobile device identifiers. We collect your unique device ID, advertising identifier (IDFA, AdID, etc.) and/or other similar data regarding the mobile device you use to access our Services. We may also collect geolocation information from your mobile device.
      • Cookies and similar technologies. A cookie is a small text file containing a random and unique alphanumeric identifier that our Services may transfer to your computer's hard drive through your web browser that enable our Services to recognize your browser. We employ technologies like cookies, web beacons, clear GIF, pixel or Internet tag technologies to uniquely identify your account, or the IP address associated with your Internet device. We permit third parties to gather information from our Services, including for advertising purposes. Cookies and the other technologies provide information related to the ways you interact with our advertising or our Services, like browser type, browsing behaviors, user web requests, pages and content viewed, the number of new visits or log-ins, search engine referral, affiliate referrals, traffic driven by banner ads or other promotions, which items are placed in shopping carts and which are abandoned, conversions and what purchases were made. These technologies can contain or store personal and other information (such as if you have previously registered for an account on our Services) and allow web browser servers to recognize return visits to our Services and/or improve web browsing navigation or the quality and delivery of our Services.
        • Some Cookies, which are known as persistent cookies, remain on your computer or Internet device until you delete them while others, which are known as session cookies, are automatically erased when you exit your Internet browser. You may be able to set your computer or Internet device to accept or reject most Cookies, or to notify you that a Cookie is offered so that you can decide whether to accept it. If you block Cookies, certain features of our Services may not function optimally or at all. Even if you block or delete Cookies, not all tracking will necessarily stop.
      • Third-party applications and other application programming interfaces. We offer and deliver certain of our Services through and/or using third party applications, our or third party programming interfaces, extensions that are hosted on our Services or through other third party websites, social and professional networking platforms, and/or messaging platforms. When you Use our Services or otherwise participate in services, products, applications, or connect with or “accept” or “allow” third party applications, networks, platforms or services through our Services, you are authorizing those third parties to receive your information and additionally to potentially share any or all of your information with us, based on your privacy or other settings on that particular third party’s network or platform.
    • Analytical, usage and other statistical information (information that cannot be used to readily identify, contact or locate you):
      • De-identified/anonymized information. We may conduct surveys or collect information that does not uniquely identify you or anyone else. This might include general demographic information like age or income range, gender, education level, profession and other commentary an individual might provide on such survey.
      • Website and usage information and analytics. We may work with third-party service or product providers who use the technologies described in this Privacy Statement to conduct website analytics to help us track and understand how visitors use our Sites, such as Google Analytics, Heap or other similar vendors for analytics purposes.
      • Mobile device and usage information and analytics. We may work with third party service or product providers and/or third party messaging or social networking platforms to collect data regarding your access to our Services through those platforms, portions of our Services you share through such platforms with other third parties, and/or your navigations through or interactions with our Services on such platforms.

    How do we use the information we collect from you?

    We may use the information we collect about you for a variety of purposes, such as to:

    • complete transactions you have requested or fulfill orders you have placed, including orders you may have placed through us with third party font foundries;
    • respond to or follow-up on your comments, reviews, inquiries including product inquiries and other requests;
    • deliver targeted advertising, videos, communications, product solutions, content, and any other information you have requested;
    • conduct research and analysis related to our business or Services;
    • provide third party brands with information about your interaction with our Services as they relate to such third party brands;
    • improve our Services and tailor them to your usage or preferences;
    • communicate with you about contests, sweepstakes, coupons, product and pricing promotions or other matters which you have entered or joined or for which you have requested information;
    • implement social networking features you have activated;
    • publish your reviews, comments, photos, videos and other content you have posted to one of our interactive or user-generated features;
    • communicate with you about your account or your use of our Services, including the delivery of customer service;
    • enforce the terms of use of our Services or otherwise manage our business; and/or
    • send you promotional messages in email or text form that we think will be of interest to you and/or to invite you to events, both in instances where you have opted-in or not opted-out of receiving such messages; or to send you important messages about your use of our Services.

    How and with whom do we share and disclose information we collect from you?

    We do not sell or rent your personal information to third parties. From time to time, we may share and/or disclose your personal information with our subsidiaries, affiliates, service providers, partners and other third party business partners (and their service providers), such as in the following examples:

    • to conduct research and/or analysis regarding our Services, market trends and other topics;
    • to third party font foundries from which you may have licensed a font through us so such foundry can provide you customer service, react to your inquiries or solve product issues;
    • to third parties that sponsor our apps or other mobile keyboards;
    • to service providers retained in connection with the provision of some of our Services;
    • to prevent parties from sending promotional messages on our behalf to people who have asked us to not send such messages;
    • if you have opted-in to receive promotional communications from us, send a tailored promotional communications to you jointly offering a product or service; and/or
    • with your specific consent.

    We rely on third party service providers to perform a variety of services on our behalf, and we may disclose your personal information to such service providers, for example fulfillment services, business intelligence providers, chatbot providers, ad serving companies, customer service providers, delivery services, e-commerce providers, credit card or payment processers and research and analytics providers. We do not authorize these third parties’ to use your personal information for purposes other than for which it has been provided, and we do not authorize these third parties to disclose that information to unauthorized parties.

    If we share your personal information with any third party, we will require such third party to maintain the confidentiality of your personal information, comply with applicable to the sharing of personal information and we will not authorize those third parties to use personal information that we provide for their direct marketing purposes unless we have explicitly given you the option to opt-in or opt-out of that disclosure. If you are a resident of the State of California, you may ask us at any time to refrain from sharing your personal information with third parties for their marketing purposes. Please tell us your preference by contacting us at privacy@monotype.com or by writing to us at:

    Monotype Imaging Holdings Inc.
    Attn: Legal Department – Privacy
    600 Unicorn Park Drive
    Woburn, MA 01801 USA

    We use and disclose personal information we believe to be necessary or proper: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal or regulator processes; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Use or Terms and Conditions of Business; (e) to protect our and our subsidiaries and affiliates businesses; (f) to protect our rights, privacy, safety or property, and/or that of our subsidiaries and affiliates, you or other third parties; and (g) to allow us to pursue remedies that may be available to us or to limit damages. In addition, we may transfer personal information and other information to a third party in the event of any financing due diligence, bankruptcy, reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets, or those of our subsidiaries and affiliates.

    We may offer community features and public interactive forums through our Services, like discussion boards, chat rooms, forums, wikis, social networking platforms and blogs. When you use these features, your username, posts and other personal information you choose to provide or communicate on these features may be seen by others, and you should think very carefully and exercise extreme caution prior to disclosing any information as information you post could remain viewable in cached or archived webpages or copied and stored by others even after you remove it. We cannot control the actions of others when they use or interact with our Services, and we assume no responsibility for your posts. Furthermore, when you participate in any community features or public interactive forums, you may be agreeing to terms that allow us to use your name and other information you provide via such features in our marketing and advertising.

    If the information we collect does not personally identify you, we may use, share and/or disclose such information for any purpose, including sharing such information with third parties, in our sole discretion. Some examples of aggregated, statistical or anonymous information we share with third parties includes:

    • disclosing the number of visitors to our websites;
    • disclosing the number of people who have downloaded a particular communication
    • disclosing the number of people who attended one of our events;
    • disclosing the number of times you have shared a portion of one of our Services with others
    • disclosing where or what else you navigated to or from when interacting with one of our Services; and/or
    • disclosing the number of people from a certain location who have interacted with one of our Services.

    Sometimes we partner with other companies to run promotions, joint promotions or offer separate third party promotions. When you provide information for these promotions, you may be providing your information or personal information directly to that third party to use for their own marketing purposes. In those instances, their use of your information including all personal identifiable information will be governed by that third party’s privacy policy, and not this Privacy Statement.

    Do we participate in interest-based advertising programs?

    Yes. We may place or recognize a unique cookie on your browser when you access or use some of our Services for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising”). We also allow third-party companies to place their own cookies on your browser when you visit our Services, so that they can collect information, which may include personal information, about your online activities over time and across different sites and serve customized advertisements to you as you browse the Internet.

    These third party companies may participate in the Self-Regulatory Program for Online Behavioral Advertising managed by the Digital Advertising Alliance. As part of this program, targeted advertisements may be delivered with an AdChoices icon to help you understand how data about you is being used and provide you with the ability to opt-out of that behaviorally targeted advertising. You can click on an AdChoices icon to learn more about your choices with respect to interest-based advertising. From a mobile device, you can visit the Digital Advertising Alliance’s AppChoices website to download a free app that allows you to set preferences for data collection and use across mobile apps. You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative by visiting the opt-out page on their website.

    Some browsers have a “do not track” feature that allows you to tell websites that you do not want to have your online activities tracked. Only certain of our Services are currently set up to respond to these signals, however, for Services not set up to respond to a “do not track” preference, you have other choices and options as described in this Privacy Statement regarding our different types of advertising and electronic marketing-related communications.

    How can I access and update my personal information?

    We will retain personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or allowed by law. If you have created an online account on one of our Services and would like to update the personal information you have provided to us, you can access your account on the Service to view and make changes or corrections to your personal information. You may also contact us using the methods described in the “How can you contact us?” section of this Privacy Statement to request access or updates to your information. We will try to comply with your request as soon as reasonably practicable.

    How do I opt-out?

    If you no longer want to receive communications from us, you may opt-out of receiving our communications by clicking the "unsubscribe" link at the bottom of any electronic communication you receive from us, or, if you created an online account when you registered to receive our marketing-related communications, you may log-in to your account on the applicable Service and make changes to your communication preferences. If you are having difficulty unsubscribing from our electronic marketing-related communications using the above methods, please contact us directly using the methods listed in the “How can you contact us?” section of this Privacy Statement.

    If you no longer want to receive printed communications from us, please contact us directly using the methods listed in the “How can you contact us?” section of this Privacy Statement. In your correspondence, please indicate the nature and types of the communications you no longer wish to receive. Please allow ample time for us to process your request. However, please note that even if you opt-out from receiving certain communications, we may still need to send you communications about your orders, customer service inquiries, promotions participation and other matters. We also may keep information we have collected about you for our records, our research and other purposes.

    Also, please note that if you participated in a promotion that involved a third party, and, as part of that promotion, you agreed to receive future marketing communications directly from that party, you will need to contact that party to opt-out of those communications. This process may be outlined in that third party’s privacy policy.

    How do you keep my information secure?

    We and certain third parties we employ to collect or store your information use commercially reasonable organizational, technical and administrative means intended to protect collected, provided, stored and/or transmitted information, including your personal information from loss, misuse and unauthorized access or disclosure. However, no method of Internet or electronic transmission or electronic storage is 100% secure or error-free, so we cannot guarantee absolute security.

    By using the Services or providing your personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your personal information (or to withdraw your consent from receiving electronic notice), please contact us using the methods listed in the “How can you contact us?” section of this Privacy Statement immediately.

    What Services are not covered by this Privacy Statement?

    Some of our Sites and/or Services are operated outside of the United States and are governed by separate privacy policies, which are linked to specifically from those Sites and/or Services.

    Some of our Services may contain links or references to other websites or services that are managed by third parties. This Privacy Statement governs only information that we collect through our Services that link to this Privacy Statement, and not to websites, services or applications that do not link to this Privacy Statement or that are maintained and controlled by other companies or organizations, as well as communications from third parties that reference our company or products. For example, our Services offer you the ability to make purchases using third-party payment processor services. In those instances, you will be directed to a webpage that is hosted by the third party (or its service providers) and not by us. Unless otherwise stated, any personal information that you provide through any third party webpage will be collected by that third party, and will be subject to that third party’s privacy policy. We have no control over, and assume no responsibility for any third party’s use of the information you provide to them.

    The collection and use of your information by and through third party websites, applications or other means will be governed by the privacy policies applicable to those third parties and mediums. The inclusion of a link or reference on any of our Services does not imply endorsement of the linked site by us or by our subsidiaries and/or affiliates. Websites and other third party products may contain our name, logos, products or other branding even though they are actually operated by third parties that may or may not have a relationship with us. We encourage you to read the privacy statement of every service, application, or website you visit or interact with.

    Do we collect information from children under the age of 13?

    We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Services is directed to children under the age of 13. Children under 13 should not use our Services and should not provide their personal information to us. If you learn that your child or a child for which you are responsible have provided us with their personal information without your consent, you may alert us at privacy@monotype.com. If we learn that we have collected any personal information from any child under 13, we will promptly take steps to delete such information and terminate that child’s account.

    Do we transfer data including across borders?

    Because we operate worldwide, your personal information may be stored and/or processed in any country where we have a facility or in which we engage service providers, including in the United States of America or other jurisdictions. By using our Services, you consent to the transfer of information to countries outside your country of residence, including the United States or other jurisdictions which may have different data protection rules than in your country.

    If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States or other jurisdictions and the processing of your information in the United States as well as other jurisdictions. By providing your information you consent to any transfer and processing in accordance with this Privacy Statement.

    By choosing to use the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed by the laws of the Commonwealth of Massachusetts and the adjudication of any disputes arising in connection with the Services will be in accordance with our Terms of Use.

    How can you contact us?

    Please direct any inquiries related to this Privacy Statement, the security of your personal information or other information we have collected about you to our legal department by emailing us at privacy@monotype.com, or by sending mail to:

    Monotype Imaging Holdings Inc.
    Attn. Legal Department – Privacy
    600 Unicorn Park Drive
    Woburn, MA 01801 USA

    If you have any questions or comments about our company, our Services or have other customer service needs, please contact your local Monotype office. You can click here for a list of contact information for our domestic and international offices.

    Do we make changes to this Privacy Statement and/or to our privacy practices?

    Yes. We will update this Privacy Statement from time to time to reflect changes to our practices, the technologies we use that related to your privacy, legal or other regulatory requirements as well as for other reasons. Please check the “LAST UPDATED” notation at the top of this page to see when this Privacy Statement was last revised. When changes are made to this Privacy Statement they will become immediately effective when published in a revised Privacy Statement posted on this page unless otherwise noted. Your use of any of our Services following these changes indicates your consent to the practices described in the revised Privacy Statement.

    Also from time to time, we may desire to use your personal information for uses not previously disclosed in this Privacy Statement. If our practices change regarding your previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Statement in effect at the time we collected the information, we will make commercially reasonable efforts to provide notice and obtain your consent for any such uses as may be required by law.