Legal Center

Terms of Service

These Terms govern your access to and use of the Materia Market mobile app and materiamarket.com, as well as all content, products, and services available at or through these websites and applications (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Materia Market's Privacy Policy), and procedures that may be published from time to time by Materia Market (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

2. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a Materia Market account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication.

3. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

4. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
If you post Content or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The accuracy of any Content offered for sale through any of our Services are the seller’s sole responsibility, and Materia Market is not responsible for any damages that result from your purchase or use of Content. (If a listing you purchase is inaccurate according to the seller's posted information you can dispute the listing - see "How to dispute a purchase")
Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material, including listed items, made available through the mobile app. For example:

We do not have any control over those listings and are not responsible for their contents or their use.
The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
We disclaim any responsibility for any harm resulting from non-Materia Market websites.

5. Fees, Payment, and Renewal

a. Materia Market Fees

Fees for Paid Services. Some of our Services are offered for a fee, such as a transaction fee when a listing is sold and delivered to a customer, and some Ecommerce Services (collectively, “Paid Services”). By using our Paid Service, you agree to pay the specified fees, and fees associated with specific features. Depending on the Paid Service, there may be one-time fees or revenue-based fees. For revenue-based fees -- such as Seller fees for the items you sell -- you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

Refunds. While you may cancel a Paid Service account at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

6. General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with these Terms;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not use the Services for any unlawful purposes, to buy or sell illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of any third party;
Will not overburden Materia Market's systems, as determined by us in our sole discretion;
Will not disclose sensitive personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network; and
Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

7. Specific Service Terms

a. Materia Market Accounts

Materia Market allows makers of all kinds to buy and sell the materials used in artistic and craft projects, and we would love for you to use it. A Materia Market account also allows you to sign into some of our Services. Materia Market's basic service is free, and we only take fees from transactions for items sold through the Serivce. Our service is designed to give you as much control and ownership over selling and purchasing items as possible and encourage you use it for all of your project needs. You own all content you post and listing you create. However, be responsible in what you create. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your listings. If you find a Materia Market listing that you believe violates these Terms, please visit our dispute resolution and reporting page.

License. By submitting Content to Materia Market for inclusion on our Service, you grant Materia Market a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt Content solely for the purpose of displaying, distributing, and promoting your listings. This license also allows Materia Market to make any publicly-posted Content available to third parties selected by Materia Market so that these third parties can analyze and distribute (but not publicly display) the Content through their services.

Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view in the Materia Market mobile app, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Prohibited Uses. By using Materia Market, you represent and warrant that your Content and conduct do not violate the Community Guidelines.

HTTPS. Security is a top priority for us and work all feasible efforts we can so all technical systems that make up our Service use advanced encryption by default.

b. Ecommerce Services

Materia Market offers Ecommerce services that enable you to buy and sell items and to receive payments on items sold.

If you use our Service, you represent and warrant that any information you provide about your self and your listings is accurate, complete, and will be kept current. You agree to promptly notify us via email if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

Prohibited Uses. You may not use our Ecommerce Services for any unlawful purposes, in furtherance of illegal activities, or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance.

Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).

Using Ecommerce Services on Materia Market, you must not violate our Community Guidelines or the guidelines for Buyers and Sellers.

We may terminate your access to Ecommerce Services or force refunds (where possible) to your buyers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms, or if a payment processor or regulatory authority directs us to do so.

Third Party Services. Materia Market uses third party services, such as Stripe to collect payment, and EasyPost to manage shipping. By using these services data may be submitted directly to or passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, Materia Market creates on your behalf a Stripe Connect account, and by using Stripe, you agree to their terms and policies. Please note that third party services may also charge you fees to use or access their services.

We are not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.

Please note that these third party services (like Stripe if are enabled by default. If you do not wish to use these third-party services then you are not allowed to use the Services of Materia Market.

Shipping Services. Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS. We act only as an intermediary between you and these third parties; we are not involved in any way with your item or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.

You are solely responsible for compliance with all applicable rules and regulations, including domestic shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.

If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.

You authorize us to charge you for the fees associated with each shipping label you create. Each fee will be included in the charge the Buyer pays for your item. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.

Refunds for unused shipping labels must be requested within 30 days of creating the label, please contact us to start the refund process. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven’t received your refund within this time frame, please contact us.

You may not transfer or sell postage and/or shipping labels to a third party.

Your Responsibilities. You may only use Ecommerce Services for legitimate transactions with other Users. You are solely responsible for all of your ecommerce activities, including listing or purchasing Items, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:

We are not involved in your relationships or transactions with any User or potential User.
You should use your best judgment. For example, you may not want to sells Items in the marketplace if you’re not comfortable sharing your mailing address with Users.
You must accurately communicate information, set expectations appropriately, and fulfill all promises, representations, or warranties you’ve made. For example, if you list an Item you are responsible for accurately describing it, pricing it fairly and truthfully answering any inquiries from a Buyer or potential Buyers.
You are responsible for the nature and quality of the Items you list, and for shipping it in a timely manner, and any other ancillary services you Buyers may require.
You will maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
If you have transactions with individuals (i.e. Buyers), you specifically agree to provide Buyers disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices (“UDAAP”).
You are financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.

8. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Materia Market item or service violates your copyright, please notify us in accordance with Materia Market's Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a user's access to and use of our Service if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Materia Market or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us or other users.

9. Intellectual Property

The Agreement does not transfer from Materia Market to you any Materia Market or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Materia Market. Materia Market logo, and all other trademarks, service marks, graphics, and logos used in connection with materiamarket.com or our Services (included our mobile app), are trademarks or registered trademarks of Materia Market or Materia Market’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Materia Market or third party trademarks.

10. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Materia Market, or by the posting by Materia Market of a revised version. If we make changes that are material, we will let you know by posting a notice banner in our mobile app and on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username and account due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Materia Market policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, change portions of a listing we deem incorrect or inaccurate, or terminate your Services, if we believe your account activity is unusual or fraudulent the general usage of your account is out of hand and/or burdens our systems (which is rare), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Materia Market account, you may simply discontinue using our Services, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

Our Services are provided “as is.” Materia Market and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Materia Market, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

13. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Essex County, New Jersey.

14. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled by a neutral arbitrator, not a judge or jury, in accordance with the U.s. Federal Arbitration Act that governs the interpretation and enforcement of this Arbitration Agreement. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

15. Limitation of Liability

In no event will Materia Market, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Materia Market under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. Indemnification

You agree to indemnify and hold harmless Materia Market, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your account.

17. US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

18. Miscellaneous

The Agreement constitutes the entire agreement between Materia Market and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Materia Market may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.