Terms of service

Please read the following Terms of service and know they are a legally binding document. We encourage you to review the contents carefully in their entirety and to seek legal counsel if you have any questions. Please note that your use of our WEBSITE constitutes your acceptance of these Terms of service and your agreement to be bound by them.

Definitions

  • “Material-UI SAS” is a legal entity located at 128 Rue La Boétie 75008 Paris, France and is the parent company to all subsidiaries of Material-UI Themes.

  • “Material-UI Themes” – collectively means Material-UI SAS, all associated subsidiaries, and websites including but not limited to https://themes.material-ui.com/.

  • “CONTENT” means source code, photos, images, vectors, moving images, animations, films, videos, audio visual works or other media together with all associated keywords, metadata and/or titles.

  • “WEBSITE” means the service and https://themes.material-ui.com/ and subsidiary websites.

Overview

Material-UI Themes operates a global content licensing platform. Material-UI Themes’s customers pay a fee to license from its platform CONTENT submitted by contributors. Contributors get paid a commission every time their CONTENT is licensed.

Usage of this site

AS AN ABSOLUTE CONDITION OF YOUR USE OF THE Material-UI Themes WEBSITE, PRODUCTS, AND/OR SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT IS BETWEEN Material-UI SAS. YOU, YOUR COMPANY, ORGANIZATION, AND YOUR CLIENT(S) IF USING THIS WEBSITE ON BEHALF OF YOUR CLIENT(S). WE RESERVE THE RIGHT TO UPDATE AND/OR CHANGE THIS AGREEMENT AT ANY TIME AND FOR ANY REASON WITHOUT FURTHER WRITTEN NOTICE. BY ACCESSING ANY SERVICE OR PART OF THE Material-UI Themes.COM WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Ownership

This WEBSITE is owned and operated by Material-UI SAS. All source code, images, video, audio, text, code, and WEBSITE related material, is owned by Material-UI SAS and/or its affiliates and is protected by international copyright laws. Any unauthorized usage or possession of this material is strictly prohibited and must be destroyed immediately.

Authorized use

The CONTENT downloaded by you, your company, organization, or on behalf of your client(s) is licensed by Material-UI SAS according to the license agreement located at https://themes.material-ui.com/license/. The usage of the CONTENT or any intellectual property rights therein, is dependent on your acceptance of these Terms and Conditions and the license agreement listed above.

Accounts

Before you upload or download any CONTENT from Material-UI Themes you need to first register for an account. By registering for an account, you warrant that you are at least 18 years old fully authorized to enter in and agree to be bound by these terms and conditions, and all applicable related agreements. You further agree to provide true and accurate information and to create a user name and password for your account that is secure using reasonable steps to prevent unauthorized persons or organizations from accessing your account information.

If you detect that your account information has been compromised you are to notify Material-UI Themes immediately. You may be liable for unauthorized activity, downloads, and/or payments. Material-UI Themes reserves the right to accept or reject your account.

It is strictly prohibited to use a Material-UI Themes account and WEBSITE in an effort to disrupt or destroy Material-UI Themes.

You may request to close or disable an account at any time and Material-UI Themes will use reasonable time and efforts to verify and execute the request. Material-UI Themes reserves the right to keep copies of all account activity archived on our servers. Disabled and closed accounts will only be accessible to Material-UI Themes staff and admin.

Parents and Guardians of minors under the age of 18 may register an account on Material-UI Themes on behalf of their child/minor if they agree to monitor all activity and assume all liability including but not limited to sales, downloads, copyright infringement, and applicable taxes. Children under the age of 18 may not use the Material-UI Themes WEBSITE unsupervised by a parent or legal guardian. If you believe a child or minor in your care has created an unauthorized account on the Material-UI Themes WEBSITE please contact support@material-ui.com to have the account removed.

Material-UI Themes reserves the right to close, delete, and/or disable your access to the website and account for any reason. If Material-UI Themes terminates your account, you must first acquire written approval before establishing another account.

Information collected

Material-UI Themes may collect information related to your use of our website and service provided directly by you or collected via technologies such as cookies, tags, scripts, etc. and transfer this information to third-party platforms acting as agents on our behalf. We use this information to collect statistical data and improve our service to users. Material-UI Themes will collect, use, and implement industry best practices to protect your information such as and not limited to your name, address, and email, browser used, ip address, pages viewed etc. according to our privacy policy located at https://themes.material-ui.com/privacy/. Under lawful requests, Material-UI Themes may be required to share personal data to local law enforcement or government authorities.

Media content

Material-UI Themes respects the intellectual property rights of all artists. All CONTENT provided to Material-UI Themes is protected by copyright laws and remain with the copyright holder unless such media is proven to be within the public domain.

Material-UI Themes uses industry standard practices to protect all CONTENT from theft and fraud including and not limited to embedded tracking technology. Notwithstanding the forgoing, Material-UI Themes may authorize some users access to CONTENT files in accordance to the license and special “comping” agreements.

Licensing

Material-UI Themes provides ROYALTY-FREE CONTENT on conditions outlined in the Royalty Free License agreement located at https://themes.material-ui.com/license/. Royalty Free generally means that you pay only once to use the media for the duration of protection of the licensed intellectual property rights, with very few restrictions, and no additional fees.

Additional tracking technology may be embedded in the CONTENT to identify theft and misuse. In an effort to further protect our contributors rights, we ask that you not serve any CONTENT online unmanglified (use UglifyJS or equivalent).

Limitations

You agree to not violate any laws or engage in conduct that infringes on the rights of Material-UI Themes or any third party. You agree to not engage in any activity that would deny users and Material-UI Themes access to the WEBSITE. Further, you agree to treat Material-UI Themes its officers, employees, partners, customers, and third parties with kindness (including rights of privacy and publicity), and not harass, abuse, stalk, or threaten others.

Warranties contributors make

The contributor of a theme you buy warrants to you that:

  • The theme is of acceptable quality and fit for the purpose for which it is 'sold'.
  • The theme matches the description given by the contributor on the theme preview page, as well as any theme preview.
  • They will honour any express warranties given to you that are not contained in these terms.
  • They have the rights necessary to license that theme on the terms of applicable license.
  • Your use of that theme in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
  • The theme and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
  • The theme and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading).
  • The theme does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  • If the theme is marked as 'supported', they will provide you with the services as outlined in the theme support policy.
  • They will process your data in accordance with applicable privacy law and data protection regulations.

Refunds

You have 24 hours to inspect your purchase and to determine if it does not meet with the expectations laid forth by the seller. In the event that you wish to receive a refund, the contributor will issue you a refund and ask you to specify how the product failed to live up to expectations.

After the first 24 hours period, if one of the warranties given in section "Warranties contributors make" has been breached, or a refund is required under the Customer refund policy or a relevant consumer protection laws is applicable, you can ask for a refund.

If you would like to request a refund see this help article.

Except for the above and when required by law, Material-UI Themes shall be under no obligation to issue refunds. All fees are non-refundable. In the event that Material-UI Themes determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Material-UI SAS provided that you have not yet downloaded or licensed any CONTENT, Material-UI Themes will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact Customer Service via support@material-ui.com

Please note that no refunds will be given on special promotions or discounts.

In the occurrence of a full refund, the license is revoked. Any usage of the theme is strictly prohibited and it must be destroyed immediately.

Trademarks and Intellectual Property

Material-UI Themes values the intellectual property of its trademarks, logo, service marks, trade names, Internet domain names or other intellectual property claimed now or in the future. Nothing in this agreement grants to you any rights to use the Material-UI Themes intellectual property without the written consent from a Material-UI Themes corporate officer. You agree to not use the Material-UI Themes trademarks in any manner that might put Material-UI Themes in a bad light or otherwise disparage Material-UI Themes. You agree to not challenge the validity of the Material-UI Themes Trademarks and/or intellectual property. You agree to not use the Material-UI Themes name, misspellings of the name, or any variant of the Material-UI Themes name as domain name, social media account or page, metatag, keywords, or programming code or data. You may not copy or imitate the Material-UI Themes WEBSITE including the page headers, graphics, layout, buttons, icons, scripts or other trade dress without the written consent of a Material-UI Themes corporate officer.

Infringement Claims

Material-UI Themes respects the legitimate intellectual property rights of all artists. If you believe your copyright or intellectual property rights are being violated by CONTENT provided by Material-UI Themes, you may notify Material-UI SAS at legal@material-ui.com and we will act accordingly.

Warranties we make

Your use of the WEBSITE is at your own risk. The WEBSITE is provided by Material-UI SAS under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Material-UI SAS expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the WEBSITE, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Material-UI SAS makes no warranty that: (i) the WEBSITE will meet your requirements; (ii) access to the WEBSITE and service will be uninterrupted; (iii) the quality of the WEBSITE will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Material-UI SAS makes no representations or warranties that the WEBSITE will be permitted in your jurisdiction, that any of your CONTENT submitted by you will be available through the WEBSITE or will be stored by the WEBSITE, that the WEBSITE will meet your needs, or that Material-UI Themes will continue to support any particular feature of the WEBSITE. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the WEBSITE, and no warranties shall apply after such period.

Sensitive Material

Material-UI Themes does not accept abusive, pornographic, or illegal media. However, some approved CONTENT files on the Material-UI Themes WEBSITE may contain offensive, sexual suggestive, and otherwise sensitive material. Material-UI Themes makes its best efforts to limit it from users who “opt out” of this material. Sensitive material may carry a higher fee for usage and/or limited usage according to the license agreement.

Model releases, Property releases, and Clearances

CONTENT acquired from Material-UI Themes may not have all the releases and clearances to any person, place, property, or subject matter contained within the CONTENT. You are solely responsible to determine if your usage of the CONTENT requires you to obtain these releases and or clearances. Material-UI Themes makes no representations or warranties that our contributors or we have this information. Furthermore, we make no representation and guarantees that the information provided with the CONTENT is accurate.

If you believe your likeness, or property, is being used without your expressed written permission please contact legal@material-ui.com and we will promptly investigate the issue.

Indemnification

Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Material-UI Themes, Material-UI SAS will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to User’s direct damages arising from a third-party claim directly attributable to Material-UI SAS’s breach of the express warranties and representations made in Part III hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Material-UI SAS, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of CONTENT at issue, the name and contact information of the person and/or entity making the claim, copies of all correspondence received and/or sent in connection with the claim). The notification must be emailed to Material-UI Themes at legal@material-ui.com, with a hard copy to Material-UI Themes, 128 Rue La Boétie 75008 Paris, France, Attention: General Counsel, via certified mail, return receipt requested; or ii) overnight courier, recipient’s signature required. Material-UI Themes shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Material-UI Themes in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Material-UI Themes is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Material-UI Themes having a reasonable opportunity to analyze such claim’s validity.

Material-UI Themes shall not be liable for any damages, costs or losses arising as a result of modifications made to the CONTENT or due to the context in which you use the CONTENT.

Limits of Liability: Material-UI Themes’s total maximum aggregate obligation and liability (the "Limit of Liability") arising out of each shall be 1,000€ Euros.

If you have questions about the foregoing, please contact Customer Support via support@material-ui.com

You agree to indemnify and hold Material-UI Themes, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the CONTENT other than the uses expressly permitted by this license agreement. You further agree to indemnify Material-UI Themes for all costs and expenses that Material-UI Themes incurs in the event that you breach any of the terms of this or any other agreement with Material-UI Themes.

Jurisdiction

These Terms of service shall be governed by and shall be construed in accordance with French law, without respect to its conflicts of laws principles.

Mediation

When contracting as a consumer, all actions, controversies and disputes arising from or relating to these terms of use may be heard and decided by a mediator as provided by Article L.612-1 of the French Consumer Code.

Miscellaneous

In the event that these terms and conditions shall create a conflict with any license agreement obtained from Material-UI Themes, the terms of such license agreement shall prevail.

Language

You agree and understand that Material-UI Themes may provide a translation of these Terms of service and other legal agreements into additional languages for your convenience only and the English version of these agreements shall govern your relationship with Material-UI Themes. If there is a discrepancy between the English version of the agreement and the translated version the English version shall prevail.

Changes about terms

If we change our terms of use we will post those changes on this page.


Last update: July 12th, 2019.