This is an agreement between HIGHELVETIA STUDIO LLC, doing business as MATEXT (“MATEXT”) and you, or the employer on whose behalf you are entering this agreement (“you”). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the “Agreement”) as same pertain to the license you purchase.
1. Commercial licence
A. How can I use licensed content ?
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by MATEXT are:
B. Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
C. Non-exclusive, meaning that you do not have exclusive rights to use the content. MATEXT can license the same content to other customers.
D. Worldwide, meaning content can be used in any geographic territory.
E. Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
F. Do I need to include photo credit ?
You do not need to include photo credit purchased on the MATEXT website.
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.
We only grant a commercial license for the use of our textures for commercial projects to active subscribers. If you cancel your monthly or yearly subscription to our commercial license, you will no longer be authorized to use the purchased textures for commercial purposes. It's important to note that you can still use the textures for non-commercial and personal projects. We advise you to read our usage terms carefully before making a purchase to ensure you understand the restrictions on texture use.
By using our textures, you agree to our commercial license terms and usage policy.
2. Restricted Uses
A. No Unlawful Use.
You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.
B. No Standalone File Use.
You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
C. No False Representation of Authorship.
You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
D. No Products for Resale.
Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
To put it simply, you cannot buy a texture and use it as is without modifications to resell it.
E. No Electronic Templates.
Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
F. No AI training
It is strictly prohibited to use the texture images provided by MATEXT for the purpose of training artificial intelligence (AI). The purchase and download of our texture images do not grant any rights to use them in the creation, development, or improvement of AI algorithms.Any use of MATEXT texture images for AI training without explicit authorization constitutes a violation of our general terms and conditions of sale. We reserve the right to take legal action to enforce this restriction.For any inquiries or specific authorization regarding the use of our texture images in the field of artificial intelligence, please contact our customer support team.By accepting these general terms and conditions of sale, you commit to respecting this restriction on the use of MATEXT texture images for AI training.
3. Who besides me can use the Licensed Content ?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
A. Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
B. Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
4. Refunds/Cancellation
A. File Download Refunds - MATEXT does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of MATEXT.
All requests for refunds/cancellations must be made in writing. If the request is approved, MATEXT will issue a credit to your credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
5. Representations and Warranties
MATEXT makes the following representations and warranties:
A. Warranty of Non-Infringement.
Except with respect to content identified as "editorial use only," your use of the content in accordance with this agreement and in the form delivered by MATEXT will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content (whether using an MATEXT editing tool or otherwise).
B. Caption/Metadata Disclaimer.
While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, MATEXT does not warrant the accuracy of such information, or of any metadata provided with the content.
C. Indemnification of MATEXT by you.
You agree to defend, indemnify and hold harmless MATEXT and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
D. Limitation of Liability.
MATEXT AND ITS LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF MATEXT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
6. General Provisions
A. Assignment.
This agreement is personal to you and is not assignable by you without MATEXT's prior written consent. MATEXT may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
B. Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by MATEXT and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
C. Governing Law/Arbitration. This agreement will be governed by the laws of the Swiss Confederation, and any disputes shall be resolved in Biel/Bienne.
D. Notice. All notices required to be sent to MATEXT under this agreement should be sent via email to
[email protected]