IB-Type
IB-Type

Terms & Conditions

IB TYPE INC.

Web Site Use Agreement

This version is in effect since NOVEMBER 1st, 2014

Please read this Agreement carefully before using this website www.ibtype.com, including any tools, forums, event registrations, and/or online seminars and/or courses (the "Web Site"). It is an agreement between users of the Web Site and IB Type Inc. ("IB Type") and governs the access to and the use of this Web Site. It contains liability exclusions and limitations and other important provisions. By accessing and using this Web Site, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with all of the provisions of this agreement, you may not use this Web Site.

1. Your Acceptance of This Agreement

This Web Site Use Agreement (referred to below as the "Agreement") governs the access to and the use of the Web Site and constitutes an agreement between IB Type Inc. (referred to below as "IB Type", "we", "us" or "our") and users of this Web Site, such as you. Each time you use the Web Site, you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement as it may be amended from time to time. By using this Web Site you also represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent. If you do not agree with all of the terms and conditions of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use this Web Site.

2. Changes to this Agreement

IB Type may amend this Agreement at any time and from time to time without notice to you by updating this posting. By continuing to use this Web Site or any portion thereof after the amendment is posted, you will signify your acceptance and agreement, without limitation or qualification, to be bound by the Agreement as amended. You should therefore review this Agreement periodically for changes. If you do not agree with the amendments to this Agreement, you may not use this Web Site.

3. Ownership Permitted Use of the Web Site and its Content

(a)Intellectual Property Rights

Subject to section 3(b) below, all IB Type Content contained on this Web Site is the property of IB Type or its licensors as the case may be, and is protected by Canadian and international copyright, trademark, and other applicable laws. For the purposes of this Agreement, "IB Type Content" includes any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Web Site, other than User Content (as defined below), as well as the manner in which the Content is presented or appears and all information relating thereto. "Content" refers to IB Type Content together with User Content.

Except for the rights you may have in User Content posted by you on this Web Site, you do not acquire ownership rights or any implied right to any Content obtained, accessed or viewed through the Web Site, and the posting of information or materials on the Website does not constitute a waiver of any rights in such information, materials and/or Content.

(b)Your Intellectual Property Rights

IB Type claims no ownership or control over any content including any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names submitted, posted or displayed by you on or through the Web Site (the "User Content"). You or a third party licensor, as the case may be, retain all rights to any User Content you submit, post or display on or through the Web Site and you are responsible for protecting those rights.

By submitting, posting, uploading or displaying User Content on or through this Web Site, you grant IB Type a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive, worldwide license to use, sublicense, collect, reproduce, store, compile, download, adapt, translate, modify, translate, make derivative works from, transmit, publish, distribute, publicly perform or display such User Content for any purpose using any form, media or technology now known or later developed in accordance with IB Type's Privacy Policy, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of IB Type.

Subject to the IB Type Privacy Policy, where relevant, you hereby consent to your name, address and e-mail address appearing as the author or contributor of any such User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with such User Content; (ii) acknowledge and agree that IB Type is not responsible for any loss, damage, or corruption that may occur to your User Content; and (iii) acknowledge and agree that any User Content you provide for display on this Web Site will be considered non-confidential. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted.

4. Permitted Uses

Except as otherwise agreed, IB Type hereby grants you a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located on this Web Site for personal, non-commercial and not-for-profit use only. The Web Site is made available to you for your lawful, personal use only.

You may print pages from the Web Site for your personal, non-commercial use only, provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described herein, the Web Site and its Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express prior written consent of IB Type (or, in the case of User Content, the owner of the rights to the User Content).

You agree that you are solely responsible for actions and communications, including User Content, undertaken or transmitted in the course of your usage of this Web Site and that you will comply with all laws that apply or may apply to your access and use of this Web Site and its Content.

5. Prohibited uses

You may not, and may not allow others to, directly or indirectly: (i) use the Website and/or the Content for any purpose not expressly permitted by this Agreement; (ii) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (iii) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform or distribute or otherwise use any Content for any public, commercial or non-personal purpose, including, without limitation, use of the Content on any other website; (iv) use the Web Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the Web Site or any part thereof, or any services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through the Web Site; (v) disrupt or interfere with any other person's use or enjoyment of the Web Site or any affiliated or linked sites, or any services thereof; (vi) use any software which is used in the operation of the Web Site or any part thereof, except while you are browsing the Web Site or performing other activities provided through the Web Site, as permitted; (vii) copy any of the software used at Web Site unless expressly permitted to do so by IB Type; and/or (viii) copy or imitate, in whole or in part, the design of the Web Site or any part thereof.

6. User Content

This Web Site provides or may provide features that allow you to post User Content, to interact with other users through forums, board services, blogs, collaborative work spaces, chat areas, and news groups (the "IB Type Forums") and to upload files, documents or other materials. When using any of the features of the Web Site, it is a condition of your use of this Web Site and any of its features that you agree:

  1. To use the Web Site and any IB Type forums in compliance with all applicable laws;
  2. To only post User Content that contains accurate information regarding the poster of the User Content and that any User Content you post does not misrepresent the origin of the User Content, impersonate any person or falsely state or otherwise misrepresent an affiliation with another person;
  3. To not post or transmit any unlawful, threatening, abusive, libellous, defamatory, discriminatory, hateful, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
  4. To not post or transmit any User Content which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
  5. To not delete or revise any User Content posted by any other person or entity;
  6. To not post or submit any User Content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  7. To not post or transmit any User Content which contains a virus or other harmful component, or provides or creates computer viruses;
  8. To not post or transmit junk mail, chain letters, unsolicited mass mailing or spam; and
  9. To not use the Web Site or the IB Type forums for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising.

IB Type may review User Content before it is posted and may refuse to post any User Content to the Web Site. IB Type reserves the right, in its sole discretion, to edit or remove, refuse to accept, post, display or transmit any User Content. You acknowledge and agree that IB Type may, in its sole discretion, monitor or have monitored its Web Site, including any User Content, periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web Site properly or to protect itself or other users of the Web Site. Any such disclosure shall be in accordance with IB Type's Privacy Policy which may be found by clicking here.

Although IB Type may from time to time monitor or review User Content as stated above, IB Type does not have any obligation to do so, and disclaims any responsibility or liability for any User Content posted. User Content represents the views and opinions of the person(s) posting the User Content and does not represent the views or opinions of IB Type or its directors or officers. IB Type does not assume any liability, and specifically disclaims any liability, to you or any other person arising from IB Type's decision to monitor or not to monitor the User Content consistently or at all. You remain solely responsible for the content and use of your User Content.

7. Trademark Information

IB TYPE, IB TYPE & Design, BRIGNELL SUNDAY, BRIGNELL SQUARE, BRIGNELL SLAB, BRIGNELL BIG, BRIGNELL STORY, BRIGNELL CONCIERGE, and other marks and logos appearing on the Web Site are registered and unregistered trade-marks or trade names of IB Type. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names or trade marks of their respective owners. Any use of the trademarks, trade names and logos (collectively the "Marks") displayed on this Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on this Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use, display or copy, in any manner, any Mark displayed on this Web Site.

8. No Advice

This Web Site and the Content have been independently researched, written and reviewed by IB Type. The Content is for reference, educational, informational or demonstrative purposes only and may not be relied upon as professional, investment, legal, accounting, tax, health, medical or other advice or a substitute for such advice. You are responsible for obtaining appropriate advice from qualified external sources prior to acting upon any information available at or through this Web Site.

8. Restricted Areas

Certain areas of this Web Site may be accessed only by use of a unique user identification and password. If you are provided with or submit a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person. IB Type is under no obligation to verify the actual identity or authority of any person using the unique user identification and password to access and/or use this Web Site or any part thereof. You are fully responsible for all activities that occur under your user identification or password, and release IB Type from and indemnify IB Type against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify IB Type at Catherine@IBType.com if you know or suspect any unauthorized use of your user identification or password.

For the purposes of accessing any activity, feature or portion of this Web Site requiring the use of a user identification and/or password, the user identification and password remain the property of IB Type and IB Type may deny access to or use of the Web Site or any part thereof, or may cancel or suspend the user identification and password at any time in IB Type's sole discretion, without any notice or liability to you or any other person.

10. Privacy policy

IB Type may, in its discretion, monitor your use of the Web Site or any part thereof. IB Type collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and available by clicking here. This Privacy Policy may be amended by IB Type from time to time, in its sole discretion, without notifying or being liable to you or any other person, by making an amended Privacy Policy accessible through the Web Site. Each time you use the Web Site, you consent to the collection, use and disclosure of your personal information by IB Type in accordance with the Privacy Policy as it then reads.

11. Other sites

While the Web Site may contain links to third party sites ("Linked Sites"), IB Type is not responsible for the content of any Linked Sites. IB Type provides links to Linked Sites as a convenience only. IB Type makes no representation or warranty regarding any Linked Sites or their content, and does not endorse any Linked Sites or any information, or products or services appearing, available or described thereon. Links to Linked Sites do not imply that IB Type sponsors, endorses, is affiliated or associated with, the Linked Sites or their associated companies or products, or is legally authorized to use any content displayed in or accessed through the links to the Linked Sites. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question.

12. Disclaimers

YOUR USE OF THE WEB SITE OR ANY PART THEREOF IS AT YOUR OWN RISK. THE WEB SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR FREE OPERATION, FREEDOM FROM VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY IB TYPE AND IB TYPE'S PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU (AND NOT IB TYPE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THE WEB SITE.

13. Liability Limitations

IN NO EVENT WILL IB TYPE, ITS LICENSORS, SERVICE PROVIDERS OR ITS DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEB SITE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ACCESS TO AND USE OF THE WEB SITE OR ANY PART THEREOF, ACCESS TO AND USE OF ANY IB TYPE FORUMS OR TOOLS, OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, USER CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY IB TYPE OR ANY PERSON FOR WHOM IB TYPE IS RESPONSIBLE EVEN IF IB TYPE OR ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IB TYPE IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

14. Indemnity

You agree to indemnify, defend and hold harmless IB Type and any and all of its agents, directors, employees, information providers, licensors and licensees, officers and all other related, associated, or connected individual or corporate parties (collectively, the "Indemnified Parties") from and against any and all actions, proceedings, costs, claims damages, demands, liabilities and costs, including without limitation reasonable legal fees and expenses, sustained and/or incurred by the Indemnified Parties, directly or indirectly arising out of or connected to your use of the Web Site or the Content in breach of this Agreement, your violation or infringement of the rights of others, and/or your violation of any applicable laws. You will assist and co-operate as fully as reasonably required by IB Type in the defence of any such claim or demand.

15. Linking and Framing

Links to this Web Site without the express written permission of IB Type are strictly prohibited. To request permission to link to the Web Site, please contact IB Type's webmaster at Catherine@IBtype.com. IB Type reserves the right to summarily cancel and revoke at any time and without notice any permission it may give to link to this Web Site.

The framing of IB Type Forums or any of the Content in any form and by any method is strictly prohibited.

16. Comments and Unsolicited Ideas

IB Type welcomes your comments regarding IB Type's existing operations and this Web Site ("Comments"). Any comments you may submit to this Web Site or IB Type are subject to the terms referenced below.

By submitting any Comments to IB Type or this Web Site, you automatically grant (or warrant that the owner of the Comments grants) to IB Type a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Comments or Submissions or any ideas, concepts, know-how or techniques associated with the Comments for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of IB Type, and you warrant and represent that all moral rights in the Comments are waived.

17. Jurisdictional Issues

This Web Site is controlled by IB Type from its offices in 133-60 Broadview Ave., Toronto, Ontario M4M 3G8. Access to this Web Site from locations where the Content is illegal is prohibited. If you are accessing this Web Site from other locations, you must comply with all laws applicable in your jurisdiction.

18. Termination of Web Site Use and this Agreement

If you breach any provision of this Agreement, IB Type may prohibit you from accessing or using the Web Site and/or any IB Type Forums or Tools. IB Type may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Web Site and/or any part thereof, including i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Web Site; ii) removing, adding, modifying or otherwise changing any Content on the Web Site. IB Type reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site at any time without notice, but confirms that it has no obligation to do so.

If this Agreement or your permission to use the Web Site is terminated by you or us for any reason, then (a) you must cease your use of this Web Site and destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise; (b) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and anything connected with, relating to or arising from that use; and (c) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Sections 3 (Ownership), 4 (Permitted Uses), 5 (Prohibited Uses), 6 (User Content), 7 (Trademark Information), 10 (Privacy Policy), 11 (Other Sites), 12 (Disclaimers), 13 (Liability Limitations), 14 (Indemnity), 15 (Linking and Framing), 16 (Comments and Unsolicited Ideas), 18 (Termination), 19 (Governing Law and Dispute Resolution) and 20 (Contact) survive indefinitely after the termination of this Agreement.

19. Governing Law and Dispute Resolution

This Agreement, your use of this Web Site and its Content, and all matters relating thereto are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between IB Type and you arising from or relating to this Web Site or the Content or this Agreement shall be resolved before the Courts of the Ottawa, Canada sitting in the City of Ottawa, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.

20. CONTACT US

If you have any comments or questions about this Agreement or your use of the Web Site or any part there of, please contact IB Type at catherine@ibtype.com.

21. General

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.

No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.

This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and IB Type relating to your use of the Web Site and supersedes all previous agreements, written, oral or otherwise, between the you and IB Type with respect to your use of the Web Site and the Content. This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and IB Type regarding other matters.

Any rights not expressly granted by this Agreement are reserved to IB Type

Last Updated: NOVEMBER 1st, 2014