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Terms of Use
Last Revised: NOVEMBER 22ND, 2016
Welcome to MATTE! These terms and conditions (“Terms”) govern and apply to
anyone accessing or using the websites located at http://shopmatte.com, our
mobile application(s), our blog(s), and any other website(s) owned and/or
operated by MATTE (including any of its subsidiaries or corporate affiliates,
collectively, "MATTE," "we," "us" or "our") and any of their associated web pages
(collectively, our “Services”).
Please take some time to review these Terms for our Services. By accessing or
using the Services, including purchasing any products through the Services, you
represent, warrant, understand and agree: (1) to accept, comply with, and be
bound by these Terms; (2) that you have the right, authority, and capacity to
abide by these Terms; (3) to comply with all applicable laws, rules and
regulations concerning your access to and use of the Services; and (4) you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or another applicable jurisdiction.
Certain services may be subject to additional terms, guidelines or rules, which
will be available in conjunction with those relevant services, and those additional
terms will become part of these Terms when you use those services.
MATTE reserves the right to update, change, modify or otherwise alter these
Terms at any time. If any material changes are made to these Terms, MATTE will
notify you by posting the revised Terms on the Services or notifying you through
the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE
CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR
AGREEMENT TO THESE TERMS. If you do not want to be bound by these
Terms, do not use or access any part of the Services.
MATTE may terminate the Services or any portion thereof, any website or
webpage within the Services or any products or services offered through the
Services, or terminate your right to access or use the Services or any portion
thereof without notice and at any time for any reason. In the event of such
termination, you are no longer authorized to access the Services, and the
restrictions imposed on you with respect to the Content (as defined herein), and
the disclaimers, indemnities, and limitations of liabilities set forth in these Terms,
shall each survive such termination.
Access To and Use of the Services
Unless authorized in writing by MATTE, you may use the Services solely for your
personal and non-commercial use. You agree to only access or use the Services
solely for legal purposes as allowed by these Terms. (International users should
note that they must agree to comply with all applicable local laws regarding
privacy, online conduct and acceptable use and content.) Amongst other things,
you agree not to:
• modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame, use, transfer or sell any
information, software, products, services or Content (as defined below)
provided through or obtained from the Services, including without
limitation, engage in the practice of "screen scraping," or any other similar
activity;
• hack into the Services or any of its websites, or modify another website so
as to falsely imply that it is associated or affiliated with the Services;
• damage, disable, overburden, transmit any worms or viruses or any code
of a destructive nature, or interfere with any other party's use and
enjoyment of the Services;
• violate any applicable laws, rules or regulations in your jurisdiction
(including but not limited to trademark and copyright laws); or
• access or attempt to access any password-protected, secure or non-public
areas of the Services without the express permission of MATTE.
For any portion of the Services that requires a user name and/or password, you
are responsible for all use of your account (under any user name or password)
and for ensuring that all use of your account complies fully with the provisions of
these Terms. You shall be responsible for protecting the confidentiality of your
user name(s) or password(s), if any.
You can link your account to various webmail, social networking, and other online
accounts. You may only link your own accounts. We will access and retrieve your
account information from these sites on your behalf (in some cases, by using
your username and password) to make certain information or services available
to you through the Services. By linking your other accounts, you expressly
authorize us to access your account information from those third party accounts,
on your behalf as your agent and permit us to access, use and, in some cases,
store your account information to accomplish the foregoing.
Intellectual Property
The website and all Content (as defined below), features and functionality
(including but not limited to all information, software, text, displays, images, video
and audio, and the design, selection and arrangement thereof) that appears as
part of or on the Services are the property of MATTE and/or a third party (which
may be indicated by a link to or from an external source, or otherwise). Content is
provided through the Services “AS IS”, and you agree that the use of and
reliance on any Content is at your own risk, and that under no circumstances
shall MATTE be liable for any Content or for any loss or damage of any kind
incurred as a result of your use of any Content made available via the Services.
The Services as a whole and all Content thereon is protected by copyright, trade
dress, and trademark laws of the United States, as well as international treaties,
conventions and the laws of other countries, as applicable. Except as may be
expressly permitted by MATTE, you may not use, reproduce, copy, modify,
publish, transmit, distribute, perform, display, download, license, enter into a
database, create derivate works from, reverse engineer, frame, transfer, or sell
any Content obtained from, through or on this Services, in whole or in part. Any
use of the Content, except as specifically provided in these Terms, is strictly
prohibited.
Content
All information, text, graphics, images, photographs, logos, illustrations,
descriptions, data, designs, icons, video clips, audio clips, sounds, files,
trademarks, copyrighted material, trade dress, interfaces, software,
specifications, catalogs, literature, advertisements, titles, names, User Generated
Content (as defined below) and any other materials provided on the Services are
owned by MATTE and/or third parties, and are collectively referred to as
"Content." The Content may contain omissions, errors, or may be out of date.
MATTE reserves the right, in its sole discretion, to change, delete, update, modify
or otherwise alter the Content at any time without providing notice to you. The
Content is provided for informational purposes only and is not binding on MATTE
in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content,
products or services and make no representations regarding, and are not liable
or responsible for the accuracy, completeness, timeliness, reliability or availability
of any third-party Content, products or services. Any third-party Content, products
or services posted on, transmitted through, or linked to from the Services are the
sole responsibility of the third-party originator of such Content. Links to any third-
party Content are provided for your convenience only. If you choose to access
any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND
AGREE THAT MATTE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-
PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE,
OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR
SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party
on the Services, which are not controlled by MATTE, should be directed to the
third party that controls such Content or hyperlink. If you believe we have
provided a hyperlink to a third-party website that contains infringing or illegal
Content, products or services, we ask that you notify us at the address noted
below so that we may evaluate whether, in our sole discretion, to disable it from
the Services.
Content You Provide (User-Generated Content)
MATTE welcomes comments, feedback, reviews, notes, suggestions, thoughts,
ideas, proposals, pictures, photographs, information, text, graphics, images,
logos, illustrations, descriptions, data, designs, icons, video clips, audio clips,
sounds, files, specifications, catalogs, literature, advertisements, titles, names
and any other materials, but which shall expressly exclude any personally
identifiable information (collectively, the "User-Generated Content") from you on
the Services, including but not limited to on its blog, product detail webpages and
elsewhere. You agree that any User Generated Content that you post, upload,
input, submit, send, contribute or otherwise transmit (collectively, “Submit” or
“Submission”, as appropriate) to the Services (whether directly or through a third
party) shall be true, accurate and complete and you shall not impersonate or
falsely represent your affiliation with any person or entity. You are entirely
responsible for all User Generated Content that you Submit or otherwise make
available via the Services.
By Submitting User Generated Content to the Services, you grant, and you
represent and warrant that you have the right to grant, to MATTE, its affiliates,
agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, reproduce, publish, distribute,
sublicense, and otherwise disclose, prepare derivative works of, or incorporate
into other works, the User Generated Content, for any purpose without restriction
and without providing any attribution or compensation to you. Such User
Generated Content will not be treated as confidential information. In addition, by
posting or allowing MATTE or a third party to post User Generated Content to
any public area of the Services, you grant MATTE all rights necessary to prohibit
any subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated
Content that (i) is not related to appropriate subject matters, (ii) is misleading to
others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of
another's privacy, hateful, offensive, or racially, ethnically or otherwise
objectionable, (iv) you do not have a right to Submit under any contractual
relationships, (v) is infringing of any patent, trademark, trade secret, copyright or
other proprietary rights of any third party, (vi) contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of the Services, including but not limited to a virus, trojan horse,
worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable
local, state, national or international law, or any rules or regulations having the
force of law.
In the event that you do not wish for MATTE to use your User Generated
Content, please do not Submit such User Generated Content to the Services.
Please note that any User Generated Content does not represent the advice,
views, opinions or beliefs of MATTE, and MATTE makes no claim of accuracy of
any such User Generated Content. You understand and agree that you are solely
responsible for any User Generated Content that you Submit and you may be
held legally liable for such User Generated Content. MATTE reserves the right to
remove any User Generated Content from the Services at any time and for any
reason.
Limited License; Personal, Business, and Non-Commercial Use Limitation of the
Content and Services
You are hereby granted a non-exclusive, limited and revocable license to view
the Content on the Services, but only while accessing the Services. You agree
that you are only authorized to visit, view and retain a copy of any websites or
webpages of the Services for informational, non-commercial and your own
personal use. Additionally, you understand and agree that you are strictly
prohibited from duplicating, downloading, publishing, republishing, adapting,
modifying, displaying, transmitting, or otherwise distributing the Content and/or
the Services for any commercial use (whether for profit or not), or for any other
purpose other than as may be expressly permitted in these Terms.
You also agree not to deep-link to the Services or any website or webpage
thereof for any purpose, unless specifically authorized by MATTE. Use of any of
MATTE’s trademarks as meta tags on other networks is also strictly prohibited.
MATTE may make available software or applications that you can download (to
your computer or mobile device) to access and use the Services. As long as you
comply with these Terms, you have the right to use the software to access and
use the Services for your own personal use. This license is for the sole purpose
of enabling you to use and enjoy the Services in the manner permitted by these
Terms. You may not copy, modify, distribute, sell, or lease any part of the
Services or included software, nor may you reverse engineer or attempt to
extract the source code of that software, unless laws prohibit those restrictions or
you have MATTE’s written permission.
When you download our software from the Apple App Store, Google Play or other
app store or distribution platform (from an “App Provider”) on your mobile or other
device, you acknowledge and agree that:
• These Terms are concluded between us, and not with the App Provider,
and that MATTE (not the App Provider), is responsible for our software.
• The App Provider has no obligation to furnish any maintenance and
support services with respect to our software or handle any warranty
claims.
• The App Provider is not responsible for addressing any claims you have or
any claims of any third party relating to our software, such as, product
liability claims, consumer protection claims, intellectual property
infringement claims, or any claim that our software fails to conform to any
applicable legal or regulatory requirement.
• The App Provider is a third party beneficiary of these Terms as related to
your license of our software, and the App Provider will have the right to
enforce these Terms as related to your license of our software against you.
• You must also comply with all applicable third party terms of service when
using our software.
• You agree that from time to time, our software may download upgrades,
updates and additional features from us in order to improve, enhance and
further develop the software. You will not modify, create derivative works
of, decompile or otherwise attempt to extract source code from us, unless
you are expressly permitted to do so under an open source license or we
give you express written permission.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software,
program, algorithm, methodology or routine, including but not limited to a "robot,"
"spider" or other similar process or functionality to interfere (or attempt to
interfere) with, damage, disable or impose an unreasonable burden or load on,
the operation of the Services, or transmit any worms or viruses or any code of a
destructive nature on or to the Services.
You agree that you shall not use the Services for any illegal, obscene, abusive,
offensive, harassing, improper or objectionable purpose, to sell or offer to sell any
goods or services, to conduct or forward surveys, contests, or chain letters, or for
any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses
of the Services, including, but not limited to, unauthorized framing of or linking to
the Services or unauthorized use of any robot, spider, or other automated device
on the Services, will be investigated and will be subject to appropriate legal
action, including, without limitation, civil, criminal, and injunctive redress.
Linking to the Services
If MATTE authorizes you to deep-link your website or a service offered by your
website to the Services, in addition to and notwithstanding anything to the
contrary, you understand and agree that: (1) MATTE has no obligation to
continue to provide or make the service or the Services available; (2) all
conditions, disclaimers and limitations on use set forth in these Terms remain in
full force and effect; (3) all intellectual property rights relating to MATTE and its
technology and Content, including all ownership rights, remain the exclusive
property of MATTE; (4) you will be solely responsible for the data and content
that you publish on your website; and (5) MATTE may terminate your access to
the Services at any time in its sole discretion.
MATTE reserves the right, but not the obligation, to remove any linked source if it
contains or features any unacceptable content, as determined in MATTE’s sole
discretion, and including, but not limited to, (i) offensive, harmful and/or abusive
language, including, without limitation, expletives, profanities, obscenities,
harassment, vulgarities, sexually explicit language, and hate speech, (ii)
references to illegal activity, malpractice, purposeful overcharging, or false
advertising, (iii) personal attacks or describes physical confrontations and/or
sexual harassment, (iv) language that violates the standards of good taste or the
standards of this Services, (v) content that is illegal, or a violation of any federal,
state, or local law or regulation, or the rights of any other person or entity, (vi)
language that is intended to impersonate other users or is offensive or uses
inappropriate user names, or (vii) content that is encrypted or that contains
viruses, Trojan horses, worms, time bombs, bots or other computer programming
routines that are intended to damage, interfere with, intercept or appropriate any
system, data or the Services.
Terms of Sale; Risk of Loss
By placing an order with MATTE, you are (i) offering to purchase a product, (ii)
representing that you are of legal age to form a binding contract, and (iii)
representing that all information you provide to us in connection with such order
is true and accurate and you are an authorized user of the payment method
provided. The receipt by you of an order confirmation does not constitute
MATTE's acceptance of an order. We retain the right to refuse any request made
by you.
Prior to MATTE's acceptance of an order, verification of information may be
required. MATTE reserves the right at any time after receipt of your order to
accept or decline your order, or any portion thereof, even after your receipt of an
order confirmation from MATTE, for any reason whatsoever. MATTE reserves the
right to limit the number of items ordered and to refuse service to you without
prior notification. In the event that an item lists an incorrect price, either due to
typographical or other error, MATTE shall have the right to refuse or cancel any
such order placed for the incorrect price, regardless of whether the order is being
or has been processed. If payment has already been made or if your account has
has already been charged for the purchase and the order is cancelled, MATTE
shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts,
promotions and offers described on our Services are subject to change at any
time, and we reserve the right to make changes to them without notice to you.
We reserve the right, without prior notice, to limit the order quantity on any
product and/or refuse service to any customer. We have made every effort to
display as accurately as possible the colors of our products that appear on the
Web site; however, the actual color you will see will depend on many factors,
including your computer, and we cannot guarantee that your computer will
accurately display our colors. Products are available while supplies last. All prices
and products advertised are subject to change. All prices displayed on the
Services are quoted in U.S. dollars.
Please see our terms & conditions page and all related webpages for other terms
of sale, including information on shipping, delivery and tracking, the ordering and
payment process, returns, refunds and exchanges, pricing, gift cards, product
availability, no resale policy, and other helpful information. MATTE reserves the
right to restrict delivery to addresses within or outside of the United States.
Shipping and handling fees and applicable sales/use tax will be added by MATTE
as necessary. The risk of loss and title for product(s) purchased by you pass to
you upon our delivery of the product(s) to the carrier.
Reporting
If you see objectionable content or have any questions about these Terms,
please contact MATTE at the address noted below.
Offline Conduct
Although MATTE cannot monitor the conduct of its users of this Services, it is a
violation of these Terms to use any information obtained from our Services in
order to harass, abuse or harm another person, or in order to contact, advertise,
solicit or sell to any user without his/her prior explicit consent.
Violation of These Terms
You agree that monetary damages may not provide a sufficient remedy to
MATTE for violations of these Terms, and you consent to injunctive or other
equitable relief for such violations.
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. MATTE ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT,
PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON
OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR
ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED
ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD
PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR
ANY THIRD PARTY WEBSITE(S) BY MATTE OR ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT,
INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD
PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND
RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES
AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY MATTE ARE
SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF
THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, MATTE MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT
SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. MATTE MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE
CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS
SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS
ON THIS SERVICES OR LINKED TO FROM THIS SERVICES. SOME STATES
OR JURISDICTIONS INCLUDING NEW JERSEY DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN
NEW JERSEY OR IN ONE OF THESE STATES OR JURISDICTIONS, THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL MATTE BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
FROM OR CONNECTED IN ANY WAY WITH THE SERVICES,
CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS,
SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE
SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR
ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE
USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MATTE HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, MATTE'S
LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY
YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR
SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF
STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN
THE AGGREGATE. THIS LIMITATION OF LIABILITY PROVISION DOES NOT
APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS IN OTHER STATES
OR JURISDICTIONS THAT MAY VIEW SUCH PROVISIONS AS
UNENFORCEABLE OR ILLEGAL.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE
AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND
ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
THEREFROM.
D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES,
OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SERVICES.
Indemnity
You agree to indemnify, defend and hold harmless MATTE, its third-party
vendors, manufacturers, agents, distributors, corporate affiliates, officers,
directors, and employees from and against any and all claims, actions, demands,
liabilities, costs and expenses, including, without limitation, reasonable attorney's
fees, (a) made by any third party due to or arising out of any Content Submitted,
posted, or otherwise provided by you to the Services, MATTE and/or its third
party licensors, licensees or advertisers, and/or (b) resulting from your breach of
any provision of these Terms, any warranty you provide herein, or otherwise
arising in any way out of your use of the Services or purchase of the products or
services therefrom. MATTE reserves the right to take exclusive control and
defense of any such claim otherwise subject to indemnification by you, in which
event you will cooperate fully with MATTE in asserting any available defenses.
This indemnity provision does not apply to New Jersey residents or residents of
other states or jurisdictions that may view such provisions as unenforceable or
illegal.
Modification/Termination of Services
In the event of termination of the Services, you will still be bound by your
obligations under these Terms and any additional terms, including the warranties
made by you, and by the disclaimers and limitations of liability set forth herein.
MATTE shall not be liable to you or any third-party for any termination of your
access to the Services or any portion thereof.
General Legal Provisions
These Terms, your rights and obligations, our rights and obligations, and all
actions contemplated by these Terms will be governed by the laws of the State of
California, U.S.A., without regard to conflicts of laws principles, as if this
Agreement were a contract wholly entered into and wholly performed within the
State of California. You hereby consent to the exclusive jurisdiction and venue of
courts in the County of Los Angeles, California, U.S.A., for all disputes arising out
of or relating to accessing or using this Services. Access to or use of this
Services is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this paragraph. In the
event of any legal action to enforce or interpret the terms of this Agreement, the
prevailing party in such action shall be entitled to recover its reasonable
attorneys' fees and costs. No joint venture, partnership, employment or agency
relationship exists between you and MATTE as a result of these Terms or use of
the Services. If any provision in these Terms is invalid or unenforceable under
applicable law, including, but not limited to, the warranty disclaimers and liability
limitations set forth above, the remaining provisions will continue in full force and
effect, and the invalid unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original
provision. MATTE’s performance of these Terms is subject to existing laws and
legal process, and nothing contained in this these Terms is in derogation of
MATTE’s right to comply with law enforcement requests or requirements. All
rights not expressly granted herein are hereby reserved. These Terms are the
entire and final agreement regarding your access to the Services. A printed
version of these Terms and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
these Terms to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
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