Terms & Conditions

Last modified:

June 1, 2020

 

Please read the Terms of Use (Terms) carefully before using the https://material-exchange.com/ website (Website) and our Services (MEV Services) operated by Material Exchange Ventures AB (MEV) with its principal place of business at Petersbergsstigen 9C, 144 52 RÖNNINGE, Sweden, owns and operates. By using the Website, and MEV Services you signify your assent to these Terms. These Terms represent the standard form contract entered between MEV and each User. If you do not agree to all of these Terms, do not use the Website.

The terms below govern your use of https://material-exchange.com/ and MEV Services and items provided or offered thereon. If you order or request services https://material-exchange.com/, additional terms apply to the purchase and to the use of those services.

MEV is an online database which allows designers, materials teams, product developers and material vendors to collaborate, filter and organize the raw materials for their collections all within a secure environment.

MEV enables brands, material suppliers, manufacturers and agents to use the MEV Service which delivers instant digital material sample sharing, whilst speeding up go-to-market requirements and reducing the carbon impact of the fashion industry.

All information contained on https://material-exchange.com/ (including product information such as features or pricing) is provided “AS IS” and is subject to change without notice. It is a condition of MEV allowing you free access to this material that you accept that MEV will not be liable for any action you take in reliance on the information on https://material-exchange.com/ (which may contain inaccuracies or may be out of date). Moreover, MEV cannot guarantee that any information, products or services that are delivered via the internet have been done so without error and accordingly MEV will not be liable in any way for downloading and/or internet related errors. IN NO EVENT SHALL MEV BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PARTY ARISING FROM YOUR USE OF OR THE COPYING, DOWNLOADING, DISTRIBUTION, OR MODIFICATION OF MATERIALS CONTAINED ON https://material-exchange.com/, ON ANY THEORY OF LIABILITY, INCLUDING LOSS OF DATA, PROFITS OR BUSINESS, COSTS OF COVER OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

 

Access

MEV will make reasonable efforts to ensure that the Website and MEV Services are available twenty-four hours a day, seven days a week. However, there will be circumstances when they will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by MEV to minimize such disruption where it is within MEV’s reasonable control. MEV retains the right to create limits on use and storage with respect to the Website and MEV Services in its sole discretion at any time with or without notice. Users certifies to the MEV that she/he is at least 16 years of age. Users also certifies that she/he is legally permitted to use the website and MEV Services MEV makes available. Users shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Website and MEV Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Users shall be responsible for ensuring that such equipment or ancillary services are compatible with the MEV Services.

 

Modification

MEV may modify the terms of this Terms at any time and in any manner. It is Your responsibility to check this Terms periodically for changes. If any modification to the Terms is unacceptable to you, you must immediately stop accessing or using THE WEBSITE. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING ANY MODIFICATION TO THE TERMS SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF SUCH MODIFICATION(S). This Terms together constitute the entire and only agreement and understanding between MEV and you with respect to the use of WEBSITE. At its sole discretion and without prior notice or liability to you, MEV may discontinue or alter any aspect of THE WEBSITE.

The MEV Website may request personal data from you – which of some are mandatory in order to use some of the Webiste and the MEV Services while other you are free to deny. Please review our Privacy Notice , which governs the use of personal data on the Website and in connection with the MEV Services, and to which users ackonwledge to be bound as a condition of these Terms and use of the Website and MEV Service. MEV’s Privacy Notice describes the measures taken by MEV to ensure that your data is secure. In addition to this Privacy Notice, which describes what information we collect about you and how we use it and share it, the Web Site Policy governs your use of the Website.

WEBSITE is open to all points of view on the intended business-related topics, and MEV is committed to maintaining a comfortable environment for all visitors. MEV encourages participation as exchanges of information, perspectives and ideas provide important benefits to all participants. As a participant you must interact with other users respectfully, as you would in any public or professional arena. If you disagree with the statements of another user, it is acceptable to engage in polite, mature debate. Name-calling, personal attacks, harassment, and other aggressive postings or behavior are not permitted.

MEV is committed to making this Website and the MEV Services accessible to people with disabilities, as required by applicable law. If you desire to receive information on this website in a different format that is more accessible to you, please contact MEV and MEV will make all reasonable efforts to accommodate your request.

Website is operated and administered from Sweden. By accepting this Terms you agree that the substantive laws of the Sweden (conflict of laws provisions excluded) shall apply to all matters arising our of or in connection with your use of the Website and the MEV Services. All disputes arising under, out of, or in any way connected with your use of the Website and/or the MEV Servies shall be litigated exclusively in the courts of the Stockholm, Sweden.

 

Registration

In order to access features of the Website and the MEV Services, including placing orders or making a customer service or support request, you may have to register for one or more customer accounts. Registration for customer account requires from you to select a password and user name (User ID), and provide us with certain information or data, such as your contact information, company details and title. Please select your User ID carefully, as the User ID is not changeable. You must be legally competent to enter into contracts. You may not have a screen name that is vulgar, attempts to impersonate another person or violates the rights of others, including the intellectual property rights of any person or entity. MEV also may reject any screen name that MEV determines at its discretion is unacceptable for use on THE WEBSITE. The information you provide during registration must be accurate and complete, and you agree not to register under the name of another person or otherwise impersonate any other person, including any user, moderator, public figure, or MEV employee. You must provide accurate information if your company is a supplier, brand, manufacture or other. If, after investigation, MEV has reasonable grounds to suspect that your information is untrue, inaccurate, not current, or incomplete, MEV may suspend or terminate your account and prohibit your future use of the Website and the MEV Services. MEV explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not transfer or dispose your accounts to any other company, organization, individual or anyone else or to other company users without our prior written permission. Its absolutely forbidden to give access (give user account) to other company employees without our prior written permission. You may never use another’s account without permission. It is your sole responsibility to (i) control the dissemination and use of passwords or any other access tools or credentials; (ii) authorize, monitor, and control access to and use of your company account and password; (iii) immediately notify MEV of any unauthorized use of your password or account or any other breach of security; and (iii) promptly inform your company of any need to deactivate a password. You grant MEV and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. The MEV cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Website, MEV tools and MEV Services. You must notify MEV immediately of any breach of security or unauthorized use of your account. Although MEV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of your company or others due to such unauthorized use MEV will not be liable for any loss or damage arising from your failure to comply with this Section.

 

User Responsibilities

You agree to access and use the Website and MEV Services only for lawful purposes, and you agree not to interfere with another user’s access, use, or enjoyment of the Website and MEV SErvices. MEV encourages mature and polite debate. Derogatory and/or offensive content of any kind is not appropriate discourse. You are prohibited from posting, transmitting, or otherwise providing to MEV (including links to such content) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, indecent, profane, hateful, and/or racially, ethnically, or otherwise objectionable material of any kind whatsoever including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
MEV is not a publisher and cannot and does not guarantee or provide any warranty regarding the accuracy, quality, completeness, or usefulness of any Content. Under no circumstances can or will MEV be liable for any loss or damage caused by reliance on Content or other material obtained through THE Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, judgment, advice, statement, service, offer, or other Content available through THE Website. Any opinions, judgments, advice, statements, services, offers or other Content expressed or made available on Website are provided AS IS without warranty of any kind, and your use of that Content and information or your use of Website shall not create any obligation or remedy in contract or tort whatsoever including any obligation or remedy in contract or tort relating to the use or distribution of MEV services

 

User Submissions.

By submitting to the MEV via e-mail or the Website any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to, or product information or material relating to the MEV’s business, products, or services (collectively, the “Ideas”), you: (a) agree such submission is non-confidential for all purposes and the MEV has no obligation of any kind with respect to such submission; (b) grant the MEV an unrestricted, irrevocable license to use the Ideas for any purpose whatsoever, including to reproduce, display, perform, modify, translate, transmit, create derivative works of, and distribute the Ideas; and (c) represent and warrant that you own or otherwise control all of the rights to the Ideas and that the MEV is free to use the Ideas that you send us for any purpose. For the avoidance of doubt, “Ideas” does not include any data, information, drawings, files, etc. that you submit to the MEV for the purposes of receiving customer support. The MEV may sublicense its rights through multiple tiers of sublicenses. Notwithstanding anything herein to the contrary, the personal information you submit to the MEV, including your e-mail address, is governed by the MEV’s Privacy Notice. Please review our Privacy Notice, as amended from time to time, for a complete description of how we handle personal information submitted in the process of ordering products or registering on the Website.

If you store an user submission in your own personal account, in a manner that is not viewable by any other user except you (Personal User Submission), you grant MEV the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the MEV Services necessary to do so.

If you share an user submission in a manner that only certain specified users can view (aLimited Audience User Submission), then you grant MEV the licenses as provided above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share an user submission publicly on the Website and/or in a manner that more than just you or certain specified users can view, or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (Public User Submission), then you grant MEV the licenses above as provided above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Material Exchange users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the MEV Services and/or otherwise in connection with Material Exchange ‘s business. Also, you grant all other users of the Webiste and MEV Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Website.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, but you understand and agree that it may not be possible to completely delete that content from MEV’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Certain features of the Website and MEV Services allow you to share information with others (Third Party Accounts). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content.

Finally, you understand and agree that MEV, in performing the required technical steps to provide the MEV Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

Rights Reserved.

MEV reserves the right to refuse service, terminate your account or your access to the Website or any of the Website’s services or features, and/or cancel orders in its sole discretion, including, without limitation, if the MEV believes that customer conduct violates applicable law or is harmful to the interests of the MEV.

 

Product Orders

MEV is constantly improving its information, products and services. Consequently, MEV cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability, and services, on the Website. Prices are subject to change at any time prior to filling your order. Additional terms and conditions may apply to purchases of products and services, which are made part of these Terms, and to which you agree to comply.

 

Online Payments

Conent on the Website and some of the MEV Servicesmay be free. However, we may charge a fee some content and some MEV Services. If you are using a free version of the MEV Services, we will notify you via e-mail before any such service you are then using begin carrying a fee, and if you wish to continue using such services, you must pay all applicable fees for such Services. Any and all such charges, fees or costs are your sole responsibility.

Certain MEV Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

To the extent that we will bill you for your use of Paid Services, We use a third-party payment processor (Payment Processor) to bill you through a payment account linked to your account on the Services (Billing Account) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Digital River and Alipay (QR code payment). You can access Terms of Service at https://www.digitalriver.com/ and https://intl.alipay.com/ We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (Payment Method). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. For clarity, the foregoing only applies to our billing procedures with respect to your use of the Paid Services as Material Exchange’s customer.

The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, QUARTALY, ANNUALY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.

Auto-Renewal for Paid Services.
Any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, please send email to support@material-exchange. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH THE THIRD-PARTY PAYMENT PROCESSOR OR TERMINATE YOUR MATERIAL EXCHANGE ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, MATERIAL EXCHANGE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Termination
You’re free to terminate any of MEV Services time by contacting us at support@material-exchange.com please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Material Exchange is also free to terminate (or suspend access to) your use of the MEV Services or your account for any reason in our discretion, including your breach of these Terms. Material Exchange has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will use reasonable efforts to provide you with notice of our termination of your access to the MEV Services, where, in MEV sole discretion, failure to do so would materially prejudice you. You agree that MEV will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services. Material Exchange may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

If you have deleted your account by mistake, contact us immediately at support@material-exchange.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, releases, disclaimers of warranties, any terms regarding ownership or intellectual property rights, choices of law and judicial forum, and terms regarding disputes between us..

 

Content – Submissions

User submitted material (whether submitted through registration, participation, public sharing, posting, uploading, linking, downloading and transferring, blogging, commenting, chatting, and/or bulletin board and forum participation) may include, but is not limited to scanned material, graphics, art, software, code, data, text, video, scripts, codes, photos, audio, opinions, descriptions, messages, files, documents, designs, models, images, audio-visual works, musical compositions, sound recordings, your specific output generated by MEV services, postings, your and/or other persons’ names, likenesses, voices, screen names, profiles, actions, appearances, performance and/or other biographical information or other materials on WEBSITE (“Content”). The customer maintain ownership of and responsibility for the Content while using the Service MEV does not claim ownership of any Content that you or other users post, upload, submit or otherwise provide to WEBSITE.

MEV may not Content that you have not made publicly accessible as part of providing, maintaining, securing or modifying the Service for you and/or other users, via automated tools intended to address or prevent a service, support or technical issue, at your request or with your consent given to MEV’s technical support team and/or other personnel as part of addressing or preventing a service, support or technical issue, in connection with legal obligations or proceedings as described below, or as otherwise described in MEV’s Privacy Notice.

MEV’s Service enables you to specify the category of your membership at which access to and usability of your Content is permitted to other users. You are solely responsible for establishing the appropriate level of permissions to your Content.

WEBSITE the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Content and that your Content is non-infringing on the patent, copyright, trademark or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Content to WEBSITE that is protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to do so. YOU, AND NOT MEV, ARE LIABLE FOR ANY DAMAGES AND PENALTIES RESULTING FROM INFRINGEMENT OF COPYRIGHTS, PROPRIETARY RIGHTS, OR ANY OTHER HARM ARISING FROM SUCH SUBMITTING, POSTING, OR PROVIDING OF CONTENT.

MEV reserves the right to remove any Content from the Website, suspend or terminate user’s right to use the Website and MEV Services in case of a breach of these Terms or pursue any other remedy or relief available to the MEV and/or the Website under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MEV is concerned that user may have breached the immediately preceding sentence).

The User, as supplier, will upload materials (whether submitted through registration, participation, public sharing, posting, uploading, linking, downloading and transferring, blogging, commenting, chatting, and/or bulletin board and forum participation) which may include, but is not limited to graphics, art, software, code, data, text, video, scripts, codes, photos, audio, opinions, descriptions, messages, files, documents, designs, models, images, audio-visual works, musical compositions, sound recordings, postings, persons’ names, likenesses, voices, screen names, profiles, actions, appearances, performance and/or other biographical information or other materials on Website (“Supplier Content”). Supplier Content may include Exclusive Content. The User (Supplier) solely responsible to establish the appropriate level of permissions and configuration to protect Exclusive Content. The User (Supplier) must follow the Supplier Manual ( accessible on the MEV website) which includes instructions for preparing and uploading materials (images and attributes) into the Material Exchange and organizing materials inside of material books (public and brand exclusive level). If you, as a supplier, share public Content or Exclusive Content, then you grant to other Brand and Manufacture users the licence to view, download, modify and to use the Content for their own purposes.
You represent and warrant that you either own or have all the necessary intellectual property rights in the Content and that your Content is non-infringing on the patent, copyright, trademark or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Content to Website that is protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to do so.
Any information or Content publicly posted or privately transmitted through the Website or MEV Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the MEV Services and are not responsible for which users gain access to the MEV Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

 

Operation – File Uploading/Downloading

MEV will make reasonable efforts to keep the server operational at all times, but MEV does not guarantee that the server will be available for use at any particular time. There may be service interruptions due to hardware or software failures, periodic maintenance procedures, or other factors. Where service interruptions can be anticipated, MEV will make reasonable efforts to post warnings on the WEBSITE. You are responsible to keep your content protected.

 

File uploading

By uploading Content to the WEBSITE, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.

You may upload any file type to WEBSITE to participate in particular discussion areas. You may not use WEBSITE to upload copyrighted material for which you are not the copyright owner or which you do not have appropriate permissions to reproduce. You also should not upload materials that do not clearly relate to the ongoing discussions in WEBSITE. You are responsible for securing permissions to post any copyrighted material.

 

File Downloading

MEV is not responsible for the contents of any files present in WEBSITE, except for file postings by MEV. MEV has not formally tested these files and therefore cannot make any representations regarding their quality, safety or suitability. In particular, MEV will not support the use of any particular file downloaded from WEBSITE. All files downloaded from WEBSITE are used entirely at the risk of those users. In particular, MEV does **not** certify that any executable (EXE) file present in WEBSITE is safe to run on any computer system. There are inherent dangers in the use of any software found on the Internet, and MEV cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Users should take standard precautions when downloading and using any files from WEBSITE, including checking files for the presence of any viruses.

 

Pilot program

MEV has developed a Pilot program for you to try MEV Servies.

If You are a Pilot program User the following rules also apply on your licence:
Pilot program is a formalized use of the Services by a You to evaluate its business value over a specific period of time.
Pilot period is a certain period (3 or 6 months) identified on the Website – no-charge subscription, from the date when the subscription was activated and expires exactly three months after at 3pm GET.
Until the end of the PILOT PROGRAM the you need to choose and purchase a subscription licence from one of the Material Exchange products (Digital Library or Digital Profile), as well as billing options, on www.material-exchange.com, or by sending email to sales@material-exchange.com. Billing cycles and billing charges are based on the date and time that the subscription was activated, in Universal Time Coordinated (UTC).
If the You do not purchase a subscription licence, the Services will be available for you with a limited access for an additional 60 days (ADDITIONAL STAND-BY PERIOD) from the end of the PILOT PROGRAM. This limited access means that the data entered previously (such as company profile, connections, materials and material books) will be preserved, but the access to these properties will be limited. If the You purchase the subscription licence within the ADDITIONAL STAND-BY PERIOD, You will regain full access to the product he/she previously selected (e.g. Digital Profile or Digital Library).
The ADDITIONAL STAND BY PERIOD expires exactly 60 days after it’s redeemed at 3pm GET, and you will lose all the content – data (scanned materials, uploaded documents, messages, etc.). You have to make sure to use or request sending email to support@material-exchange.com all the content from the Website before the end of the ADDITIONAL STAND-BY PERIOD. If You used a free PILOT PROGRAM, You will not be eligible for another free trial program for at least 12 months.
Material Exchange Venture AB (MEV) is permitted to display the Your official logo on its website and platform, and marketing materials, noting that You are a customer of Material Exchange’.

 

MEV Digital Material Show

Occasionally MEV is launching (online) Digital Material Shows, where all users can meet, network and check materials from all over the world.

The Digital Material Show is a combination of following digital services:
Material Exchange Show Hub
Material Exchange Library
Material Exchange Profile
Material Exchange Showcase
Material Exchange Meeting Room

Exhibitors at the MEV Digital Material Show are material suppliers and other service providers (Exhibitors). The Exhibitors have to possess MEV Library Licence.

Visitors at the MEV Digital Material Show are brands, designers, and buyers (Visitors).

Attendees at the MEV Digital Material Show include Exhibitors, Visitors, Sponsors, and Presenter.

The Material Exchange Show Hub is the webpage entrance to the MEV Digital Material Show located on Website and includes show information and sponsors.

The Material Exchange Showcase is a webpage showing selected materials of a specified supplier. It includes 2D and 3D representations of materials chosen by the Exhibitor. It can include a video introduction of the Exhibitor along with chosen contact information. The MEV Digital Material Show allows brands to request private video meetings with the Exhibitor.

The Meeting Room is a virtual meeting room that allows Exhibitor and Visitors to mingle and network at specified times operated by Third party.

MEV Digital Material Show connects Exhibitors and Visitors, and allows Exhibitors to manage and promote the Exhibitors material offering. Exhibitors do not collect any information from or relating to Visitors.

Exhibitor acknowledge that MEV automatically export the Content (materials, company information) from the Library to the Showcase which was selected and prepared by Exhibitor. The Exhibitor acknowledges that the Content (materials, company information) in the Showcase are public and visible to all Visitors.
The Exhibitor acknowledges that all exclusive Content needs to be stored in Material Exchange Library and need to be handled pursuant to the SUPPLIER ADMIN & USER MANUAL.

The Exhibitors are forbidden to register as the Visitors of the MEV Digital Material Show or to browse through the MEV Digital Material Show. The Exhibitor will be liable for all demages caused by breaching this regulation, including loss of profit. if in any way breaches this requirement.

MEV is only responsible for the software for connecting digitaly the Exhibitors and Visitors and can’t and won’t be responsible for assuring that the Exhibitors are actually provided or are up to a certain standard of quality. MEV can’t and won’t be responsible for ensuring that information Exhibitor provides is accurate or up-to-date. MEV don’t control the actions of any Exhibitors. Exhibitors are not employees, partners, representatives, agents, joint ventures, independent contractors, or franchisees of MEV.

You hereby acknowledge that MEV does not supervise, direct, control or monitor the Exhibitors material offering and expressly disclaims any responsibility and liability for the Exhibitors material offering, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code, all of which are the responsibility of Exhibitors.

As part of the Services, you may receive communications through the Services, including messages that MEV sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.
You need provide certain personal data in order to register with the MEV Digital Material Show. We are processing your personal data in accordance with the Privacy Notice. MEV will not use any Exhibitor/Visitor Information beyond what is necessary to perform the MEV Services. Upon the conclusion of the MEV Services for an Attendee (or otherwise upon the request of such Attendee or Material Exchange), Material Exchange must properly destroy all information from or relating to such Attendee and make no further use of it whatsoever, only for marketing purposes. Material Exchange must collect, use, maintain, and transmit all Attendee Information in compliance with all applicable laws.

MEV has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the MEV Services. In addition, MEV will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the MEV Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the MEV Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the MEV Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MEV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this Website or the MEV Services, or between users and any third party, you agree that MEV is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MEV, its directors, officers, employees, contractors, advisors, agents, and successors from loss, expenses, claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or MEV Services.

 

MEV Community

When you register and join the MEV Community, you become a Member. If you have chosen not to register, you may access certain features as a “Visitor.” Our services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages. Information and content that you share or post may be seen by other Members, Visitors or others.

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the services in a professional manner.

You agree that you will not create a false identity on MEV Community, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.

All the other rights and obligations from these Terms accordingly applies to your use of MEV Community.

 

Third Party Sites, Materials and Offerings

WEBSITE may contain or reference links to non-MEV websites (“third party websites”). By following links to these third-party websites, you may be exposed to material that you consider inappropriate. MEV is not responsible for the content of any third-party website or other links contained in a third-party website. The inclusion of a link within WEBSITE does not imply any endorsement by or any affiliation with MEV. Access to any third-party website is at your own risk, and you should be aware that third-party websites may contain terms and policies that are different from WEBSITE. MEV is not responsible for such provisions and expressly disclaims any liability for them. In connection with your use of WEBSITE, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by MEV. If you decide to use these third-party offerings, you are responsible for reviewing and understanding the terms and conditions governing those offerings and you understand and agree that the third party, and not MEV, is responsible for the provision of those offerings.

 

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT YOUR ACCESS OR USE OF WEBSITE IS AT YOUR SOLE RISK. NEITHER MEV, ITS EMPLOYEES, AFFILIATES, AGENTS, LICENSEES, LICENSORS, NOR THE LIKE WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS OR USE OF WEBSITE, OR AS TO THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT OR OTHER MATERIAL PROVIDED THROUGH WEBSITE. WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MEV, ITS EMPLOYEES, AGENTS, LICENSEES, LICENSORS, OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

 

Limitation of liability & indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEV, ITS REPRESENTATIVES AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WEBSITE, SHAL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES: THAT RESULT FROM RELIANCE BY YOU ON ANY CONTENT OR OTHER MATERIAL OBTAINED ON WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF CONTENT, FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE; OR (ii) RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE; WHETHER OR DUE TO ACTS OF GOD, COMMUNICATIONS FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO MEV’S RECORDS, PROGRAMS, OR SERVICES, or OTHERWISE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF MEVHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. THESE LIMITATIONS MAKE IT POSSIBLE FOR MEV TO PROVIDE WEBSITE TO YOU. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, SERVICES, OR OTHER MATERIAL AVAILABLE THROUGH WEBSITE.

You agree to defend, indemnify, and hold harmless MEV, its officers, directors, employees, affiliates, agents, licensees, licensors, or the like from any losses, damages, liabilities, claims and expenses (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions), related to any claim arising out of any breach by you of this Terms or arising in connection with your placement, posting, submission, or transmission of any Content on or to WEBSITE. You shall use your best efforts to cooperate with us in the defense of any such claim.

 

Miscellaneous

This Terms supersedes all prior written or oral agreements and understandings between you and MEV concerning WEBSITE and the subject matter herein. In the event any provision of this Terms is found to be legally unenforceable, such unenforceability shall not prevent enforcement of any and all other provisions of the Terms. The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of that right in any other circumstances or a waiver of any further rights.

You agree to abide by U.S. export laws and not to transfer, by electronic transmission or otherwise, any Content derived from WEBSITE to a prohibited foreign destination without first obtaining any required government authorization. You further agree not to upload to WEBSITE any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software. In the event of any termination, modification, limitation, suspension, or the like of any of the terms of this Terms or of your use of or access to all or part of WEBSITE.

This Terms shall be governed by the laws of the SWEDEN. The courts located in Stockholm, Sweden shall have exclusive jurisdiction of all matters and disputes arising under this Terms or WEBSITE. DMCA Copyright Infringement Claims: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MEV. MEV may, in appropriate circumstances, terminate your access to WEBSITE based on infringing activities.

 

Use of the Website.

In your use of the Website, you agree to act responsibly in a manner demonstrating the exercise of good judgment and in compliance with these Terms. For example and without limitation, you agree not to (i) use the Website for any purpose in violation of local, state, national, or international laws; (ii) insert your own or a third party’s advertising, branding, or other promotional content into any of the Content or use, redistribute, republish, copy, or exploit the Content in any way or for any further commercial or promotional purposes; (iii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights; (iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (v) interfere with, interrupt, damage, disable, overburden, or impair the Website, the Content, or the services made available on or through the Website, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, ping floods, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology; (vi) attempt to gain unauthorized access to any portion of the Website or other computer systems through the Website; (vii) misrepresent your relationship with, or impersonate, any other person or entity; (viii) link any other website to the Website or link the Website to any other website; or (ix) assist any third party in doing any of the foregoing.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
With respect to your use of the Website, you acknowledge and agree we may monitor and retain all communications by you and that we may disclose information we have about you to comply with applicable laws and regulations, or should we investigate your use or any complaint about your use, including without limitation any legal action related to such use. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to MEV, for which monetary damages would be inadequate, and you consent to MEV obtaining any injunctive or equitable relief that MEV deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies MEV may have at law or in equity. Further, if we do take any legal action against you as a result of your violation of these Terms, you agree MEV will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MEV.

The following Content and conduct are not allowed in WEBSITE and are cause for account suspension or termination without explanation or prior notice.

  1. You agree not to engage in, promote, or advocate any illegal activity or fraudulent schemes of any kind – including, but not limited to, money laundering, tax evasion, securities fraud, and pyramid or multi-level marketing schemes – through your postings or other use of WEBSITE. You also agree not to post links to other websites that engage in such activities.
    • Do not submit Content that you know is false, inaccurate, libelous, or otherwise misleading in any way, and do not mislead MEV or others regarding the origin of posted Content.
    • Do not submit Content that contains any computer viruses, worms, or other potentially damaging computer programs or files
    • You must not intentionally impersonate or misrepresent your business or qualifications.
    • Do not post or transmit material you do not have the right to post or transmit under law (such as copyright, trade secret or securities) or due to your personal contractual or fiduciary relationships.
    • Do not post material that violates any applicable law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, (especially and including the rule against making false or misleading statements to manipulate the price of any security).
    • You may not use WEBSITE in any manner that could damage, disable, overburden, or impair MEV servers or networks, or interfere with any other user’s use and enjoyment of WEBSITE.
    • You may not attempt to gain unauthorized access to any services, screen names, computer systems or networks, through hacking, password mining or any other means.
  2. Indecent, profane, sexually explicit, obscene, or pornographic material of any kind – including masked profanity where symbols, initials, intentional misspellings, or other characters are used to suggest profane language – is prohibited. Threats, personal attacks, abusive, defamatory, derogatory, or inflammatory language, or stalking or harassment of any individual, entity or organization is prohibited. • Discriminatory or hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation, or disability is prohibited. • You agree not to engage in any spamming or excessive posting, or submit Content that is disruptive, offtopic, deliberately intended to have a negative impact on the Community or its users, or otherwise interfere with the ability of others to enjoy or comfortably use the Community.
  3. Common Courtesy, Complaints and Etiquette
    • Do not post any personal or identifying information about another person, including addresses, email addresses, contact information, or phone numbers, and use care in posting your personal or identifying information.
    • Maintain courtesy and follow good posting etiquette. Posting with ALL CAPS, HTML tags, or excessive typographic symbols may result in your post being removed.
    • WEBSITE should not be used to report a MEV customer service issue. To get help with an issue, please visit our Technical Support site at www.material-exchange.com. Any posts complaining about an individual MEV customer service issue are subject to removal.
    • Do not engage in disruptive, antisocial or destructive acts, including “flaming,” “flooding,” “spamming,” “griefing” and “trolling,” as those terms are commonly understood.
  4. Solicitations and promotions and other commercial use • You agree not to post, or otherwise make available in WEBSITE, any Content or third-party website, with the intent of harming the flow of information and/or participation in a WEBSITE that is competitive with or which otherwise benefits competitors of MEV, including but not limited to promoting competing sites that provide message boards, forums, chats, blogs, etc. • Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid or multi-level marketing schemes, or using automated means, including spiders, robots, crawlers, data-mining tools, or other means to download data from WEBSITE is prohibited. • Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication. • Do not use WEBSITE to send identical and irrelevant submissions to many different discussion groups, mailing lists or communities. You agree to not obtain email address of WEBSITE members with the intent to contact members of this community directly to promote your business or services without express consent and approval of the members you are contacting.
  5. Copyright and intellectual property violations • Infringement on any party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights, or right of publicity or privacy is prohibited and is the sole responsibility of the user. • By submitting any Content to WEBSITE, you warrant and represent that you are the copyright owner of the Content or that the copyright owner of the Content has granted you permission to use such Content consistent with the manner and purpose of your use. • Using WEBSITE to distribute unauthorized copies of copyrighted material, including photos, artwork, text, recordings, designs, computer programs, or derivative works of such programs is prohibited and subject to removal. APPENDIX B NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) MEV will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides procedures for copyright owners to notify an online service provider concerning alleged copyright infringement. When a valid DMCA Notification is received, MEV will respond by taking down the offending Content. MEV will then take reasonable steps to contact the party that originally posted the removed Content so that a Counter Notification may be filed. If MEV receives a valid Counter Notification, MEV will provide the original complaining person, with a copy of the Counter Notification and (ii) replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days unless MEV receives notice from the original complaining person that an action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

For a Notification to be valid it must include the following information:

  1. A physical or electronic signature (i.e., /s/NAME) of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit MEV to locate the material.
  4. Information reasonably sufficient to permit MEV to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

For a Counter-Notification to be valid it must include the following information:

  1. A physical or electronic signature (i.e., /s/NAME) of the alleged infringing person.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the alleged infringing person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The alleged infringing person name, address, and telephone number, and a statement consenting to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringing person’s address is outside of the United States, for any judicial district in which MEV may be found, and that the alleged infringing person will accept service of process from the person who provided notification or their agent.

DMCA Notifications and Counter-Notifications should be directed to MEV DMCA Copyright at the address set forth below: Petersbergsstigen 9C, 144 52 RÖNNINGE, Sweden

MEV reserves the right to remove any Content from the Website, suspend or terminate user’s right to use the Website and MEV Services in case of a breach of these Terms or pursue any other remedy or relief available to the MEV and/or the Website under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MEV is concerned that user may have breached the immediately preceding sentence).

These Terms and MEV’s Privacy Notice constitute the entire agreement between you and the MEV with respect to the use of the Website and Content. Thank you for your cooperation. Questions or comments regarding the Website should be submitted to support@material-exchange.com