TERMS OF USE

Welcome to the Matia website (“Site”). Please read the following Terms of Use (“Terms”) that govern your use of and purchase of products from our Site (collectively, “Use). The Terms apply to the Site and all associated sites linked to www.shopmatia.com by Matia, its subsidiaries and affiliates (collectively, “Matia” and hereinafter referred to as “our”, “us”, “we” or “Matia”). Your Use of the Site constitutes your agreement to follow and be bound by the Terms. Matia reserves the right to make changes to the Site and to these Terms from time to time. By visiting the Site, you agree to accept any such changes. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Matia property or that of our suppliers or licensors and is protected by patent, trademark and copyright under United States and foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Matia. We grant you a personal, limited, non-exclusive, non-transferable license, revocable at our discretion, to access the Site and to use the information and services contained herein. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and limitations at any time, in our sole discretion.

USE OF IMAGERY

We welcome the use of images from Matia by bloggers so long as credit for the origin of images is acknowledged. Credit styling and imagery to shopmatia.com.

PRODUCT AND PRICING INFORMATION

Please note that many of our products are letter pressed, screen printed or offset printed using techniques that we have developed. Every product is unique and inconsistencies in prints, patterns, borders and colors will exist and reflect the craftsmanship involved in designing and printing our products. These inconsistencies reflect the unique character of the product being offered for sale. We attempt to describe and display our products, their dimensions and colors as accurately as possible. However, Matia does not warrant that product descriptions are complete or error-free. The displayed colors of the products depend upon the monitor of the user, and Matia cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Matia is not responsible for typographical errors regarding price or any other matter and prices are subject to change.

MERCHANDISE AVAILABILITY

While we make every attempt to properly represent accurate merchandise availability on the Site, merchandise availability is not guaranteed. We will not charge you until goods have shipped. If we are unable to fill an order within 5 days of order receipt, we will contact you by email to determine your preference for either: i) canceling the entire order, in which case you will not be charged, or ii) receiving partial order fulfillment and partial charges. If we are unable to reach you to confirm your preference, we will cancel the order and you will not be charged. You will receive a shipping confirmation e-mail once your items have shipped. MATIA WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.

ACCOUNTS, PASSWORDS and SECURITY

Certain features or services offered on or through the Site may require you to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of the information relating to your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Matia immediately of any unauthorized use of your account or password, or any other breach of security.

LINKS TO OTHER SITES AND TO THE MATIA SITE

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Matia’s control, and Matia is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

SOCIAL NETWORKS

The Site includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Matia to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT MATIA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

INTERNATIONAL USE

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.

PROHIBITED USES

The Site may be used only for lawful purposes and is available only for your personal use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. 

SECURITY RULES

You are prohibited from violating or attempting to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Matia will cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.

PROPRIETARY RIGHTS

As between you and Matia, (or any other company whose marks appear on the Site), Matia (or the respective company) is the owner and authorized user of any registered or unregistered trademark, trade name and service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Matia logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials (collectively, "Matia Intellectual Property") are owned by Matia and may be registered in the United States and internationally. You agree not to display or use the Matia Intellectual Property in any manner without Matia's prior permission. Nothing on the Site should be construed to grant any license or right to use any Matia Intellectual Property without the prior written consent of Matia. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us.

USER COMMENTS

All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Matia using this Site or otherwise (collectively, ‘Comments’) are not confidential and will become and remain Matia property. The disclosure, submission or offer of any Comments will constitute an assignment to Matia of all worldwide rights, titles and interests in and to the Comments without payment of any compensation.

USER INFORMATION

In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. If you respond to Matia with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Matia, and your submission of information shall constitute an irrevocable assignment to Matia of all worldwide rights, titles and interests in and to such information. Matia will not be liable for any use or disclosure of such information. Matia will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Matia will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

Matia publishes information on its Site as a convenience to its visitors. While Matia attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Matia products described in the Site may not be available in your region. Matia does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.

THE SITE, AND PRODUCTS AND SERVICES PROVIDED BY MATIA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MATIA DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION, PRODUCTS OR SERVICES PROVIDED BY MATIA INCLUDING WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS, FUNCTIONS AND SERVICES PROVIDED ON OR VIA THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MATIA DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. MATIA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Matia makes no warranties of any kind regarding any non-Matia sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Matia makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Matia sites. Matia does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL MATIA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE SALE OR USE OF PRODUCTS, THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MATIA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, MATIA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE SALE TO YOU OR USE OF PRODUCTS OR YOUR USE OF THE SITE OR ANY CONTENT, MATIA’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL VALUE OF ANY PRODUCT SALES TO YOU IN THE TWO MONTH PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST MATIA, AND (2) US $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Matia and its affiliates shall be limited to the fullest extent permitted by law.

INDEMNITY

You agree to defend, indemnify and hold Matia, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

GOVERNING LAW; JURISDICTION

These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any principles that require the application of the law of a different jurisdiction. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts of New York county, New York, and you agree that any claim brought by you pursuant to these Terms will be brought solely in those courts and no other court.

DENIAL OF ACCESS

These Terms constitute an agreement that is effective unless and until terminated by Matia. If, in Matia’s sole discretion, you fail to comply with any term or provision of this agreement, Matia may deny you access to the Site. In the event of denial of access by Matia, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms, shall continue in force.

GENERAL INFORMATION

These Terms constitute the entire agreement between you and Matia and govern your use of the Site, and they supersede any prior agreements between you and Matia. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Matia may terminate this Agreement and deny you access to the Site at any time, immediately and without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between Matia and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to Matia or the Site must be asserted within one (1) year after the claim or cause of action arose. The failure of Matia to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You may not assign these Terms or any of your rights or obligations under these Terms without Matia's express written consent. These Terms inure to the benefit of Matia's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to the “Contact Us” section of our Customer Service page.

Last Updated September 1^st, 2013