Terms & Conditions

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.

BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY

AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN

BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,

OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS

BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE

TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR

USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS

EFFECTIVE AS OF 03/09/2017.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall

govern the relationship with our users and others which may interact or interface with Material

By Product Pty Ltd, also known as , located at LEVEL 4, SUITE 55-56 NO. 12 COLLINS

STREET, Melbourne, Victoria 3000 and our subsidiaries and affiliates, in association with the

use of the website, which includes https://www.materialbyproduct.com, (the "Site") and its

Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website which has the following description:

E-commerce

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as

"users" of the herein contained Services provided for the purpose of this TOS. Once an

individual register's for our Services, through the process of creating an account, the user shall

then be considered a "member."

The user and/or member acknowledges and agrees that the Services provided and made available

through our website and applications, which may include some mobile applications and that

those applications may be made available on various social media networking sites and

numerous other platforms and downloadable programs, are the sole property of Material By

Product Pty Ltd. At its discretion, Material By Product Pty Ltd may offer additional website

Services and/or products, or update, modify or revise any current content and Services, and this

Agreement shall apply to any and all additional Services and/or products and any and all

updated, modified or revised Services unless otherwise stipulated. Material By Product Pty Ltd

does hereby reserve the right to cancel and cease offering any of the aforementioned Services

and/or products. You, as the end user and/or member, acknowledge, accept and agree that

Material By Product Pty Ltd shall not be held liable for any such updates, modifications,

revisions, suspensions or discontinuance of any of our Services and/or products. Your continued

use of the Services provided, after such posting of any updates, changes, and/or modifications

shall constitute your acceptance of such updates, changes and/or modifications, and as such,

frequent review of this Agreement and any and all applicable terms and policies should be made

by you to ensure you are aware of all terms and policies currently in effect. Should you not agree

to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services

offered shall be provided "AS IS" and as such Material By Product Pty Ltd shall not assume any

responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to

store user content, communication or personalization settings.

REGISTRATION

To register and become a "member" of the Site, you must be at least 18 years of age to enter into

and form a legally binding contract. In addition, you must be in good standing and not an

individual that has been previously barred from receiving 's Services under the laws and statutes

of the United States or other applicable jurisdiction.

When you register, may collect information such as your name, e-mail address, birth date,

gender, mailing address, occupation, industry and personal interests. You can edit your account

information at any time. Once you register with and sign in to our Services, you are no longer

anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may

be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to

maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete

nature, Material By Product Pty Ltd will have sufficient grounds and rights to suspend or

terminate the member in violation of this aspect of the Agreement, and as such refuse any and all

current or future use of Material By Product Pty Ltd Services, or any portion thereof.

It is Material By Product Pty Ltd's priority to ensure the safety and privacy of all its visitors,

users and members, especially that of children. Therefore, it is for this reason that the parents of

any child under the age of 13 that permit their child or children access to the website platform

Services must create a "family" account, which will certify that the individual creating the

"family" account is of 18 years of age and as such, the parent or legal guardian of any child or

children registered under the "family" account. As the creator of the "family" account, s/he is

thereby granting permission for his/her child or children to access the various Services provided,

including, but not limited to, message boards, email, and/or instant messaging. It is the parent's

and/or legal guardian's responsibility to determine whether any of the Services and/or content

provided are age-appropriate for his/her child.

PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by

the Material By Product Pty Ltd Online Privacy Policy (see the full Privacy Policy at

https://www.materialbyproduct.com/pages/privacy-policy). As a member, you herein consent to

the collection and use of the information provided, including the transfer of information within

the United States and/or other countries for storage, processing or use by Material By Product

Pty Ltd and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be

responsible for maintaining the secrecy and confidentiality of your password and for all activities

that transpire on or within your account. It is your responsibility for any act or omission of any

user(s) that access your account information that, if undertaken by you, would be deemed a

violation of the TOS. It shall be your responsibility to notify Material By Product Pty Ltd

immediately if you notice any unauthorized access or use of your account or password or any

other breach of security. Material By Product Pty Ltd shall not be held liable for any loss and/or

damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all

information, text, software, data, photographs, music, video, messages, tags or any other content,

whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility

of the individual from whom the content originated. In short, this means that you are solely

responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made

available by way of the Services, and as such, we do not guarantee the accuracy, integrity or

quality of such content. It is expressly understood that by use of our Services, you may be

exposed to content including, but not limited to, any errors or omissions in any content posted,

and/or any loss or damage of any kind incurred as a result of the use of any content posted,

emailed, transmitted or otherwise made available by .

Furthermore, you herein agree not to make use of Material By Product Pty Ltd's Services for the

purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that

shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,

vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or

racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any officials, forum

leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation

with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally

have no right to pursuant to any law nor having any contractual or fiduciary relationship

with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that

may infringe upon any patent, copyright, trademark, or any other proprietary or

intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do

not personally have any right to offer pursuant to any law or in accordance with any

contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or

unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of

solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may

contain a software virus or other computer code, any files and/or programs which have

been designed to interfere, destroy and/or limit the operation of any computer software,

hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that

would negatively affect other users' ability to participate in any real time interactions;

j) interfering with or disrupting any Material By Product Pty Ltd Services, servers and/or

networks that may be connected or related to our website, including, but not limited to,

the use of any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or international

law, including, but not limited to, rules, guidelines, and any regulations having the force

of law;

l) "stalking" or with the intent to otherwise harass another individual; and/or

m) collecting or storing of any personal data relating to any other member or user in

connection with the prohibited conduct and/or activities which have been set forth in the

aforementioned paragraphs.

Material By Product Pty Ltd herein reserves the right to pre-screen, refuse and/or delete any

content currently available through our Services. In addition, we reserve the right to remove

and/or delete any such content that would violate the TOS or which would otherwise be

considered offensive to other visitors, users and/or members.

Material By Product Pty Ltd herein reserves the right to access, preserve and/or disclose

member account information and/or content if it is requested to do so by law or in good faith

belief that any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the TOS;

c) responding to any claim that therein contained content is in violation of the rights of any

third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of Material By Product Pty Ltd, its

visitors, users and members, including the general public.

Material By Product Pty Ltd herein reserves the right to include the use of security components

that may permit digital information or material to be protected, and that such use of information

and/or material is subject to usage guidelines and regulations established by Material By Product

Pty Ltd or any other content providers supplying content services to Material By Product Pty

Ltd. You are hereby prohibited from making any attempt to override or circumvent any of the

embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,

distribution, or exhibition of any information or materials supplied by our Services, despite

whether done so in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to

comply with all local rules relating to online conduct and that which is considered acceptable

Content. Uploading, posting and/or transferring of software, technology and other technical data

may be subject to the export and import laws of the United States and possibly other countries.

Through the use of our network, you thus agree to comply with all applicable export and import

laws, statutes and regulations, including, but not limited to, the Export Administration

Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control

program of the United States (http://www.treasury.gov/resourcecenter/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government

export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)

nor a member of any other government which may be part of an export-prohibited

country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use

of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical

or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data

which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Material By Product Pty Ltd shall not lay claim to ownership of any content submitted by any

visitor, member, or user, nor make such content available for inclusion on our website Services.

Therefore, you hereby grant and allow for Material By Product Pty Ltd the below listed

worldwide, royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of

Material By Product Pty Ltd's sites, the license provided to permit to use, distribute,

reproduce, modify, adapt, publicly perform and/or publicly display said Content on our

network Services is for the sole purpose of providing and promoting the specific area to

which this content was placed and/or made available for viewing. This license shall be

available so long as you are a member of Material By Product Pty Ltd's sites, and shall

terminate at such time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the

publicly accessible areas of Material By Product Pty Ltd's sites, the license provided to

permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly

display said Content on our network Services are for the sole purpose of providing and

promoting the specific area in which this content was placed and/or made available for

viewing. This license shall be available so long as you are a member of Material By

Product Pty Ltd's sites and shall terminate at such time when you elect to discontinue

your membership.

c) For any other content submitted or made available for inclusion on the publicly

accessible areas of Material By Product Pty Ltd's sites, the continuous, binding and

completely sub-licensable license which is meant to permit to use, distribute, reproduce,

modify, adapt, publish, translate, publicly perform and/or publicly display said content,

whether in whole or in part, and the incorporation of any such Content into other works

in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Material By Product Pty Ltd's

sites are those such areas of our network properties which are meant to be available to the

general public, and which would include message boards and groups that are openly available to

both users and members.

CONTRIBUTIONS TO COMPANY WEBSITE

Material By Product Pty Ltd provides an area for our users and members to contribute feedback

to our website. When you submit ideas, documents, suggestions and/or proposals

("Contributions") to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed

or implied, related to any Contributions;

c) shall be entitled to make use of and/or disclose any such Contributions in any such

manner as they may see fit;

d) the contributor's Contributions shall automatically become the sole property of ; and

e) is under no obligation to either compensate or provide any form of reimbursement in any

manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold Material By Product Pty Ltd, our

subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not

liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees

made by any third party which may arise from any content a member or user of our site may

submit, post, modify, transmit or otherwise make available through our Services, the use of

Services or your connection with these Services, your violations of the Terms of Service and/or

your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit

for any commercial reason any part, use of, or access to 's sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Material By Product Pty Ltd may set up any such practices and/or

limits regarding the use of our Services, without limitation of the maximum number of days that

any email, message posting or any other uploaded content shall be retained by Material By

Product Pty Ltd, nor the maximum number of email messages that may be sent and/or received

by any member, the maximum volume or size of any email message that may be sent from or

may be received by an account on our Service, the maximum disk space allowable that shall be

allocated on Material By Product Pty Ltd's servers on the member's behalf, and/or the maximum

number of times and/or duration that any member may access our Services in a given period of

time. In addition, you also agree that Material By Product Pty Ltd has absolutely no

responsibility or liability for the removal or failure to maintain storage of any messages and/or

other communications or content maintained or transmitted by our Services. You also herein

acknowledge that we reserve the right to delete or remove any account that is no longer active

for an extended period of time. Furthermore, Material By Product Pty Ltd shall reserve the right

to modify, alter and/or update these general practices and limits at our discretion.

MODIFICATIONS

Material By Product Pty Ltd shall reserve the right at any time it may deem fit, to modify, alter

and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or

without prior notice. In addition, we shall not be held liable to you or to any third party for any

such alteration, modification, suspension and/or discontinuance of our Services, or any part

thereof.

TERMINATION

As a member of https://www.materialbyproduct.com, you may cancel or terminate your account,

associated email address and/or access to our Services by submitting a cancellation or

termination request to info@materialbyproduct.com.

As a member, you agree that Material By Product Pty Ltd may, without any prior written notice,

immediately suspend, terminate, discontinue and/or limit your account, any email associated

with your account, and access to any of our Services. The cause for such termination,

discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our TOS or any other incorporated agreement, regulation

and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part

thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your

https://www.materialbyproduct.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or

limitations of access for cause shall be made at our sole discretion and that we shall not be liable

to you or any other third party with regards to the termination of your account, associated email

address and/or access to any of our Services.

The termination of your account with https://www.materialbyproduct.com shall include any

and/or all of the following:

a) the removal of any access to all or part of the Services offered within

https://www.materialbyproduct.com;

b) the deletion of your password and any and all related information, files, and any such

content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of,

advertisers located on or through our Services, which may include the payment and/or delivery

of such related goods and/or Services, and any such other term, condition, warranty and/or

representation associated with such dealings, are and shall be solely between you and any such

advertiser. Moreover, you herein agree that Material By Product Pty Ltd shall not be held

responsible or liable for any loss or damage of any nature or manner incurred as a direct result of

any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Material By Product Pty Ltd or any third parties may provide links to other websites

and/or resources. Thus, you acknowledge and agree that we are not responsible for the

availability of any such external sites or resources, and as such, we do not endorse nor are we

responsible or liable for any content, products, advertising or any other materials, on or available

from such third party sites or resources. Furthermore, you acknowledge and agree that Material

By Product Pty Ltd shall not be responsible or liable, directly or indirectly, for any such damage

or loss which may be a result of, caused or allegedly to be caused by or in connection with the

use of or the reliance on any such content, goods or Services made available on or through any

such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Material By Product Pty Ltd's Services and any

essential software that may be used in connection with our Services ("Software") shall contain

proprietary and confidential material that is protected by applicable intellectual property rights

and other laws. Furthermore, you herein acknowledge and agree that any Content which may be

contained in any advertisements or information presented by and through our Services or by

advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.

Therefore, except for that which is expressly permitted by applicable law or as authorized by

Material By Product Pty Ltd or such applicable licensor, you agree not to alter, modify, lease,

rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic

works which are based on Material By Product Pty Ltd Services (e.g. Content or Software), in

whole or part.

Material By Product Pty Ltd herein has granted you personal, non-transferable and nonexclusive

rights and/or license to make use of the object code or our Software on a single

computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,

create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt

to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or

otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter

or change the Software in any manner, nature or form, and as such, not to use any modified

versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our

Services through any means other than through the interface which is provided by Material By

Product Pty Ltd for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF MATERIAL BY PRODUCT PTY LTD SERVICES AND SOFTWARE

ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE

PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. MATERIAL BY

PRODUCT PTY LTD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM

ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF

TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NON-INFRINGEMENT.

b) MATERIAL BY PRODUCT PTY LTD AND OUR SUBSIDIARIES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH

WARRANTIES THAT (i) MATERIAL BY PRODUCT PTY LTD SERVICES OR

SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MATERIAL BY PRODUCT

PTY LTD SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,

SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE

OBTAINED FROM THE USE OF THE MATERIAL BY PRODUCT PTY LTD

SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY

OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL

WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR

SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT

ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE

OBTAINED BY WAY OF MATERIAL BY PRODUCT PTY LTD SERVICES OR

SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE

RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND

HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH

RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET

ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF

DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH

INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR

ORAL, THAT MAY BE OBTAINED BY YOU FROM MATERIAL BY PRODUCT

PTY LTD OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL

CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE

OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR

WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A

PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC

SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR

SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN

YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A

PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS

WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR

MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY

INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MATERIAL

BY PRODUCT PTY LTD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO

YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR

EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH

MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR

OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF

SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR

TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Material By Product Pty Ltd (and its

officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and

any other third parties) from claims, demands and damages (actual and consequential) of every

kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,

arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages,

alerts or other information from our Services concerning companies, stock quotes, investments or

securities, please review the above Sections Warranty Disclaimers and Limitations of Liability

again. In addition, for this particular type of information, the phrase "Let the investor beware" is

appropriate. Material By Product Pty Ltd's content is provided primarily for informational

purposes, and no content that shall be provided or included in our Services is intended for trading

or investing purposes. Material By Product Pty Ltd and our licensors shall not be responsible or

liable for the accuracy, usefulness or availability of any information transmitted and/or made

available by way of our Services, and shall not be responsible or liable for any trading and/or

investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF

CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE

LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF

LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this

TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Material By Product Pty Ltd may furnish you with notices, including those with regards to any

changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text

messaging, postings on our website Services, or other reasonable means currently known or any

which may be herein after developed. Any such notices may not be received if you violate any

aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of

this TOS constitutes your agreement that you are deemed to have received any and all notices

that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Material By Product Pty Ltd

trademarks, copyright, trade name, service marks, and other Material By Product Pty Ltd logos

and any brand features, and/or product and service names are trademarks and as such, are and

shall remain the property of Material By Product Pty Ltd. You herein agree not to display and/or

use in any manner the Material By Product Pty Ltd logo or marks without obtaining Material By

Product Pty Ltd's prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

Material By Product Pty Ltd will always respect the intellectual property of others, and we ask

that all of our users do the same. With regards to appropriate circumstances and at its sole

discretion, Material By Product Pty Ltd may disable and/or terminate the accounts of any user

who violates our TOS and/or infringes the rights of others. If you feel that your work has been

duplicated in such a way that would constitute copyright infringement, or if you believe your

intellectual property rights have been otherwise violated, you should provide to us the following

information:

a) The electronic or the physical signature of the individual that is authorized on behalf of

the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has

been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your

work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not

authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned

information in your notice is truthful and accurate, and that you are the copyright or

intellectual property owner, representative or agent authorized to act on the copyright or

intellectual property owner's behalf.

The Material By Product Pty Ltd Agent for notice of claims of copyright or other intellectual

property infringement can be contacted as follows:

Mailing Address:

Material By Product Pty Ltd

Attn: Copyright Agent

LEVEL 4, SUITE 55-56 NO. 12 COLLINS STREET

Melbourne, Victoria 3000

Telephone: +61 433 944 864

Email: info@materialbyproduct.com

CLOSED CAPTIONING

BE IT KNOWN, that Material By Product Pty Ltd complies with all applicable Federal

Communications Commission rules and regulations regarding the closed captioning of video

content. For more information, please visit our website at https://www.materialbyproduct.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Material By Product Pty Ltd and

shall govern the use of our Services, superseding any prior version of this TOS between you and

us with respect to Material By Product Pty Ltd Services. You may also be subject to additional

terms and conditions that may apply when you use or purchase certain other Material By Product

Pty Ltd Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Material By Product Pty Ltd with regard to the

TOS that the relationship between the parties shall be governed by the laws of Victoria without

regard to its conflict of law provisions and that any and all claims, causes of action and/or

disputes, arising out of or relating to the TOS, or the relationship between you and Material By

Product Pty Ltd, shall be filed within the courts having jurisdiction within the County of

Melbourne, Victoria. You and Material By Product Pty Ltd agree to submit to the jurisdiction of

the courts as previously mentioned, and agree to waive any and all objections to the exercise of

jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Material By Product Pty Ltd fail to exercise or enforce any right or provision

of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision

of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless

agree that the court should endeavor to give effect to the parties' intentions as reflected in the

provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to

your ID and/or contents within your account shall terminate upon your death. Upon receipt of a

copy of a death certificate, your account may be terminated and all contents therein permanently

deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any

claim or action arising out of or related to the use of our Services or the TOS must be filed within

1 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Material By Product Pty Ltd as follows: