Terms & Conditions

Terms & Conditions

Terms & Conditions

BY VISITING MATERMEA.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

Overview

The terms "we,” "us,” and “our” refer to MATER MEA, Inc.. The term the “Site” refers to Matermea.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

MATER MEA is a bimonthly online magazine that celebrates the lives of women of color as they balance work and motherhood.

Use of Matermea.com, including all materials presented herein and all online services provided by MATER MEA, Inc. (“MATER MEA”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site, or Service and/or, ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site + Service

To access, or use the Site, you must be 18 years, or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site, or purchasing the Service.

Information provided on the Site and in the Service are subject to change. MATER MEA makes no representation, or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. MATER MEA disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

In, order to use the Service, you may be required to provide various information about yourself including your name, email address and other personal information. You agree that any information you give to MATER MEA on the application will always be accurate, correct, and up to date. You must not impersonate someone else, or provide account information, an email address,, or any other information that is not your own. Your account must not be used for any illegal, or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. MATER MEA reserves the right to cancel your participation in the Service without refund, if you provide false information to MATER MEA.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you, or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post, or transmit through the Site any material which violates, or infringes the rights of others,, or which is threatening, abusive, defamatory, libelous, invasive of privacy, or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes,, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your, order. We reserve the right to refuse service to any person, or entity, without the obligation to assign reason for doing so. No, order is deemed accepted by us until written confirmation stating our acceptance is provided to you. Deposit payments will be refunded to any party who is denied Service. We may at any time change, or discontinue any aspect, or feature of the Site, or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your, order.

Order Confirmation

We will email you twice after your, order is placed. The first email is to confirm the placement of your, order and the second email is to confirm the processing of your payment and provide you with an estimate of delivery time. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Payment Terms

If you are dissatisfied with any of our subscription-based products, you may cancel at any time by sending an email to info@matermea.com. Upon cancellation, you will continue to have access to your subscription until your purchased term expires. Canceling your membership will not result in a refund of previously charged subscription fees. Cancellations requested 15 days, or more before the next billing date, will prevent you from being billed following the cancellation date.  If you cancel less than 15 days from the next billing date, you will be billed for the next billing date following the cancellation date and then no future payments will be billed to you.

We do not offer refunds for digital products.

Product Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current,, or error-free. From time to time we may correct errors in pricing and descriptions.

Material You Submit to the Site

You shall not upload, post, or otherwise make available on the Site, or via email any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks,, or other proprietary rights,, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent, or warrant that you have the authority to use and distribute the Materials, and that the use, or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the Materials you supply to MATER MEA. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to MATER MEA, remains yours to the extent that you have any legal claims therein. Nothwithstanding the foregoing, you grant MATER MEA a world wide, nonexclusive, irrevocable license to display the Materials you supply to MATER MEA for business development and marketing purposes only. By visiting the site, you agree to hold MATER MEA harmless from and against all claims, liabilities and expenses arising out of any potential, or actual copyright, or trademark misappropriation, or infringement claimed against you.

Our Intellectual Property

The Site and Service contain intellectual property owned by MATER MEA, including trademarks, trade dress, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer, or sale of, create derivative works from, distribute, display, reproduce, or perform,, or in any way exploit in any format whatsoever any of the Site, or Service content, in whole, or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

If you are interested in using our intellectual property, please contact us at info@matermea.com.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site, or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary,, or any other damages arising out of your use of the Site, or Service. Additionally, MATER MEA is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation, or transmission, computer virus, or line, or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of,, or use of your information, or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort,, or any other theory of legal liability. The foregoing applies even if MATER MEA has been advised of the possibility of, or could have foreseen the damages. In those states that do not allow the exclusion, or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall MATER MEA’ cumulative liability to you exceed the total purchase price of the Service you have purchased from MATER MEA, and if no purchase has been made by you MATER MEA’ cumulative liability to you shall not exceed $100.

Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible, or liable for the availability, accuracy, content, or policies of third party websites, or resources. Links to such websites, or resources do not imply any endorsement by, or affiliation with MATER MEA. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees,  arising out of any breach by you of any of these Terms and Conditions,, or any use by you of the Site, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim, or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction, or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and MATER MEA pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MATER MEA shall be deemed,, or shall constitute, a waiver of any other provision, whether, or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MATER MEA.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

MATER MEA, Inc.
3407 41ST ST APT 2R
LONG IS CITY, NY 11101

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of South Carolina as applied to contracts that are executed and performed entirely in South Carolina. The exclusive venue for any arbitration, or court proceeding based on, or arising out of this Agreement shall be Richland County, South Carolina. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of, or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution, or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal, or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action, or any arbitration, or other proceeding is brought for the enforcement of this Agreement,, or because of an alleged dispute, breach, default,, or misrepresentation in connection with any of the provisions of this Agreement, the successful, or prevailing party, or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action, or proceeding, in addition to any other relief to which it, or they may be entitled.

Severability

If any term, provision, covenant,, or condition of this Agreement is held by an arbitrator, or court of competent jurisdiction to be invalid, void,, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired,, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you, accept upon approval by MATER MEA. Any transfer, assignment, delegation, or sublicense by you is invalid.  


 

Updated: September 2014