Terms of Use

Last updated May 2, 2023

IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE APPLY TO ALL VISITORS TO OR USERS OF MATTERCREATIONS.COM. REFERENCES TO THE “SITE” SHALL REFER GENERALLY TO THE MATTER CREATIONSSITE. YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

TO LEARN ABOUT USAGE RIGHTS, PLEASE READ OUR LICENSE AGREEMENT.

SECTION I - OVERVIEW

This site is owned and operated by Matter Creations, LLC(“Matter Creations”). Access and use of this site are provided by Matter Creations to you on conditions that you accept these Terms of Use. If you do not agree to accept and abide by these Terms of Use, you should not access or use this site.

Matter Creations may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the site periodically. Your continued access or use of this site after any such changes are posted will constitute your acceptance of these changes.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY, AND ABIDE BY, THESE TERMS OF USE, OUR LICENSE AGREEMENT, OUR PRIVACY POLICY, AND OUR COOKIE POLICY INCORPORATED

SECTION II - USE OF SITE

This site and its contents (the “Content”) are intended for customers of Matter Creations. You may not use this site or the Content for any purpose not related to your business with Matter Creations. You are expressly prohibited from: (a) downloading, copying, or re-transmitting any or all of the site or the Content without, or in violation of, a written license or agreement with Matter Creations; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Matter Creations product or service if you are not expressly authorized by such party to do so; and (e) using the site or the Content other than for its intended purpose, as determined solely in Matter Creations’ discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this site or any system resources, services, or networks connected to or accessible through this Web site. You may only use this site for lawful purposes.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

THIS SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MATTER CREATIONS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

SECTION III - PRIVACY

Matter Creations is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our Privacy Policy, which outlines our privacy policies and practices and how we collect, use, and disclose the personal information of those individuals who visit our site.

This site may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Matter Creations monitors or endorses these websites. Matter Creations does not accept any responsibility for such websites, and shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. It is your responsibility to review the privacy policies and terms of use for each third-party website.

SECTION IV - CHILDREN UNDER THE AGE OF 13

You need to be 13 years or over to use this site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing this site, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of the site.

Our site is not intended for children under 13 years of age. No one under age 13 may provide any personal information on the site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this site, through any of its features, register on the site, make any purchases through the site, use any of the interactive or public comment features of this site, if applicable, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at, mattercreationsinfo@gmail.com.

SECTION V - DOWNLOADING ITEMS

The downloading of any Materials subject you to the terms of the License Agreement.

By downloading Materials you are not actually acquiring ownership of the Materials; you’re only acquiring a non-exclusive license to use the Materials, of which are subject to specific terms of the aforementioned License Agreement.

Although Matter Creations does its best to make sure Materials are of high quality, we cannot guarantee the quality of the Materials once they have been initially downloaded.

SECTION VI - PAYMENTS AND REFUNDS

It is Matter Creations’ policy to charge per individual download of Materials at the time of the download, via a link to be provided upon payment. All prices shall be in US dollars.

Payment is accepted via all major credit cards and PayPal®. Upon payment, the download will become available to you via a link.

You are responsible for paying all other fees and taxes associated with your use of the site and Materials wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Due to the nature of the Materials, Matter Creations does not offer credits or refunds.

SECTION VII - INTELLECTUAL PROPERTY

All materials, artwork, designs, graphics, and the like, inclusive of the presentation of such materials on this site not available for download (collectively the “Materials”), and all graphics, graphic designs, artwork, and the like available for download (the “Designs”) are the property of Matter Creations and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names, and other similar rights.

Use of the Materials in any manner not outlined in the License Agreement, are strictly prohibited without the express written consent of Matter Creations. You may not create derivative works from or otherwise exploit the Materials in any way.

Should you provide any feedback or other suggestions about our services that you may submit to us, you do so with the understanding that we may use such feedback or suggestions without any obligation to compensate you for them.

Matter Creations, and any other product or service name or slogan contained in the site are owned of Matter Creations and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Matter Creations or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing Matter Creations or any other name, mark or product or service name of Matter Creations without our prior written permission. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Matter Creations and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the site are the property of their respective owners. Reference to any products, services, processes or other information, by tradename, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

SECTION VIII - CLAIMS OF INFRINGEMENT

Matter Creations respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Matter Creations with a written communication, including substantially the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please send your written letter in email to:

mattercreationsinfo@gmail.com

SECTION IX - VIRUSES

Matter Creations shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this site or your downloading of any of the Materials from this site. Matter Creations recommends that you install appropriate anti-virus or other protective software.

SECTION X - LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL MATTER CREATIONS OR ANY OF ITS MANAGERS, OFFICERS, EMPLOYEES, MEMBERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

SECTION XI - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

By using this site, you unconditionally agree that all claims relating to your access or use of the site, including all disputes arising out of, or related to, any products or services purchased from Matter Creations through this site, will be resolved entirely through confidential, binding individual arbitration, rather than in court and not on a class, consolidated, representative or collective action basis. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. You further agree that you will not be a member of any punitive or actual class in a class action brought by anyone else, nor will you seek to become a class representative. In addition, we both agree that we each may bring suit in court to enjoin infringement or another misuse of intellectual property rights.

Arbitration shall be initiated by the serving of a written notice of intent to arbitrate (an “Arbitration Notice”) by one party upon the other. Within ten (10) calendar days of either party serving such Arbitration Notice or receiving it, Company and Client shall agree on the selection of an arbitrator who can administer arbitration under the rules of the American Arbitration Association (“AAA”), applying its Commercial Arbitration Rules, and is listed as an arbitrator approved by the AAA, and who can arbitrate in Hillsborough County, Florida. If the parties cannot agree on an arbitrator, the AAA shall be authorized to appoint an arbitrator who meets the geographical criteria and has the requisite experience required to arbitrate commercial disputes. There shall only be one (1) arbitrator rather than a panel of three (3) arbitrators, unless the parties mutually agree to a panel of three (3) arbitrators. Within five (5) calendar days of the selection or appointment of an arbitrator, the parties shall cooperate to schedule arbitration within ninety (90) calendar days and shall conduct themselves in accordance with the AAA’s rules for arbitrating commercial disputes. Arbitration shall occur in the City of Tampa, Hillsborough County, Florida, unless otherwise mutually agreed upon by the parties. All communications associated with arbitration, the proceedings and the decision of the arbitrator shall be confidential. The decision of the arbitrator(s) shall be binding and may not be appealed by either party; however, the arbitrator shall be required to produce a written opinion explaining the decision and associated award, if any.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

SECTION XII - APPLICABLE LAW

The law applicable to the interpretation and construction of these Terms of Use, and in any arbitration relating to any transaction (including purchases made on the site) using or related to the site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Florida, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. If any dispute arising from your use of the site is found not to be arbitrable, or if the class action waiver is not enforceable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

SECTION XIII - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Matter Creations, and any subsidiaries, affiliates, partners, officers, managers, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION XIV - SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION XV - TERMINATION

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by ceasing your use of the site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.

SECTION XVI - ENTIRE AGREEMENT AND WAIVER

Matter Creations’ failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

If any provision or part thereof in these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

These Terms of Use, along with the License Agreement, the Privacy Policy, and any other policies or agreements as may be posted by Matter Creations on the site or in respect to the site, constitutes the entire agreement and an understanding between you and Matter Creations, and governs your use of the site and Designs, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use, the Privacy Policy, and the License Agreement).

Any ambiguities in the interpretation of these Terms of Use, the Privacy Policy, and the License Agreement shall not be construed against the drafting party.

If you have concerns relating to the site, or these Terms of Use, please contact us at, mattercreationsinfo@gmail.com.