Terms of Use

Welcome to https://modamaterial.com, the online resource for fabric knowledge, textile guidance, and materials-related questions from Moda Material.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use (the “Agreement”) form a binding contract between you (“User,” “you,” or “your”) and Moda Material (“Company,” “we,” “us,” or “our”) and govern your access to and use of the Moda Material website, including all content, tools, and features offered on or through the site (collectively, the “Website”).

By accessing or using the Website, you acknowledge that you have read, understand, and agree to this Agreement and our Privacy Policy, which is incorporated by reference. If you do not agree to this Agreement or the Privacy Policy, do not use the Website.

The Website is intended for individuals who have reached the age of majority in their place of residence. By using the Website, you represent that you are legally able to enter into this Agreement. If you do not meet this requirement, you must not access or use the Website.

1. Changes to the Terms of Use

We may modify these Terms at any time in our sole discretion. Revisions take effect upon posting and will apply to all subsequent use of the Website. Your continued use after changes are posted means you accept the updated Terms. Please review this page periodically for updates, as they are binding on you.

2. Accessing the Website and Account Security

We may suspend, withdraw, or change any part of the Website without notice. We will not be liable if any portion or all of the Website is unavailable at any time or for any period. We may restrict access to some or all areas of the Website at our discretion.

If you create an account or are provided login credentials, you must keep that information confidential and not share it with others. You agree to notify us promptly of any unauthorized access or use of your account or password and to log out at the end of each session. You are responsible for all activities that occur under your credentials.

We may disable any username, password, or other identifier at any time for any reason, including if we believe you have violated this Agreement.

3. Intellectual Property Rights

The Website and all content and materials on it—including text, articles, fiber diagrams, images, swatch photography, graphics, design, video, audio, software, and their selection and arrangement—are owned by Moda Material or our licensors and are protected by copyright, trademark, and other intellectual property laws. “Moda Material” and associated logos and design marks are trademarks of the Company.

We grant you a limited, revocable, non-transferable license to access and use the Website for your personal, non-commercial purposes only. Except as expressly permitted below, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Website.

  • Your device may temporarily cache materials for display as part of normal browsing.
  • Your browser may automatically store files for performance and display optimization.
  • You may print or download a reasonable number of pages for personal, non-commercial reference, without further reproduction or distribution.

You must not:

  • Alter or remove copyright, trademark, or proprietary notices on any Website materials.
  • Use images, illustrations, videos, audio, charts, or graphics separately from the accompanying text or context.
  • Copy, adapt, reverse engineer, scrape, crawl, or data-mine the Website or its content, whether manually or by automated means, without our prior written consent.

No rights are granted to you other than those expressly stated, and all rights are reserved by the Company and its licensors.

4. User Contributions

The Website may include interactive features—such as Q&A forums, comment sections, profile pages, project galleries, or similar functionalities (collectively, “Interactive Services”)—that allow users to post, submit, publish, display, or transmit content (“User Contributions”).

All User Contributions must comply with the Content Standards below. User Contributions are considered non-confidential and non-proprietary. By posting User Contributions, you grant us and our service providers a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such materials for any purpose.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have authority to grant the license above.
  • Your User Contributions comply with this Agreement and do not violate any third-party rights.

You are solely responsible for your User Contributions, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

5. Content Standards

These standards apply to all User Contributions and use of Interactive Services. Contributions must comply with all applicable laws and regulations. Without limitation, User Contributions must not:

  • Contain defamatory, obscene, indecent, abusive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
  • Promote sexually explicit content, violence, or discrimination based on protected characteristics.
  • Infringe any patent, trademark, trade secret, copyright, or other proprietary right.
  • Violate the privacy or publicity rights of others or create potential civil or criminal liability.
  • Be misleading or deceptive.
  • Encourage illegal activity or assist in any unlawful act.
  • Cause unwarranted annoyance, anxiety, or be likely to upset or embarrass others.
  • Impersonate any person or misrepresent your affiliation with any person or entity.
  • Include commercial solicitations or promotional content such as contests, sweepstakes, barter, or advertising.
  • Imply endorsement by Moda Material or any other party where no such endorsement exists.

6. Monitoring and Enforcement; Termination

We may, in our sole discretion and without notice:

  • Remove or decline to post any User Contribution.
  • Take action regarding any User Contribution we deem necessary or appropriate, including if it may violate this Agreement, infringe rights, threaten safety, or create liability.
  • Disclose your identity or information to third parties who reasonably assert that your material violates their rights, including intellectual property or privacy rights.
  • Refer matters to law enforcement and pursue legal remedies for illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including for violations of this Agreement.

We may cooperate with law enforcement or comply with court orders requesting or directing disclosure of the identity or other information of anyone posting materials on or through the Website.

7. Reliance on Information Posted

Content on the Website is provided for general informational and educational purposes related to fabrics and textiles. While we strive for accuracy, we do not guarantee that information is complete, current, or error-free. Fabric performance can vary by batch, finish, supplier, and use. You should conduct your own testing (for example, colorfastness, shrinkage, flame behavior, durability, and care), verify regulatory requirements applicable to your intended use, and consult qualified professionals when needed. Any reliance you place on Website content is at your own risk.

The Website may include materials provided by third parties. All statements and opinions expressed in such materials, including articles and answers to questions, are solely those of the authors and do not necessarily reflect the views of Moda Material. We are not responsible or liable for such materials.

8. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER MODA MATERIAL NOR ANYONE ASSOCIATED WITH MODA MATERIAL MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MODA MATERIAL, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE.

NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Moda Material, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, losses, liabilities, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website, including your User Contributions and any use of Website content, services, or information other than as expressly authorized here.

11. Governing Law and Jurisdiction

All matters related to the Website and this Agreement, and any dispute or claim arising out of or related to them (including non-contractual disputes or claims), are governed by the internal laws of the State of Michigan, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement or the Website shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect, except as modified herein. The arbitration shall take place in the State of Michigan or remotely by video conference, at the arbitrator’s discretion.

The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this Agreement. Judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees and share equally the arbitrator’s fees and administrative costs unless the arbitrator decides otherwise. YOU AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

12. Arbitration

At our sole discretion, we may require you to submit any disputes arising from or related to this Agreement or the Website—including issues concerning interpretation, breach, invalidity, or termination—to final and binding arbitration under the AAA’s rules applying Michigan law. This provision does not preclude either party from seeking injunctive or equitable relief for intellectual property or data security matters in a court of competent jurisdiction.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Waiver and Severability

No waiver by Moda Material of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or a waiver of any other term. Any failure to enforce a provision shall not constitute a waiver of that provision or any other provision. If any provision is held invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

This Agreement, together with our Privacy Policy and any other policies or rules posted on the Website, constitutes the entire agreement between you and Moda Material regarding the Website and supersedes all prior and contemporaneous understandings or agreements, whether written or oral, concerning the Website.

16. Your Comments and Concerns

To submit notices of alleged copyright infringement, provide feedback, request support, or contact us for any other reason, please use our contact page: contact us. All communications with Moda Material should be directed through this page.