The following terms and conditions (the “Terms of Service”) govern all use of www.texturama.com, as well as any other websites, services, or applications offered by TEXTURAMA (“TEXTURAMA” and the “Services”). By using the Services, you agree to be bound by the Terms of Service. TEXTURAMA reserves the right to modify or replace these Terms of Service and all other operating rules, policies and procedures that may be published on the Services by TEXTURAMA from time to time without notice. Please review the Terms of Service periodically so that you will be apprised of any changes. Continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
You agree that all content and materials made available on the Services (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by TEXTURAMA in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content. Reproducing, copying or distributing any Content on the Services for any purpose is strictly prohibited without the express prior written permission of TEXTURAMA.
The TEXTURAMA name and logo are trademarks of TEXTURAMA. All other trademarks mentioned on the Services are the property of their respective owners. The trademarks and logos displayed on the Services may not be used without the prior written consent of TEXTURAMA or their respective owners.
If you submit or otherwise make available any feedback, requests, information, data, articles, content, or other materials to TEXTURAMA (together with any related intellectual property rights, “User Submissions”), you hereby grant TEXTURAMA and its assigns, licensees, successors in interest, and legal representatives the irrevocable right and license to use, commercialize and otherwise exercise and exploit throughout the world any such User Submissions for any purpose. You hereby release and agree to release and hold harmless TEXTURAMA and its assigns, licensees, successors in interest, and legal representatives from and against any claims, damages or liability arising from or related to the use of the User Submissions.
General Disclaimer of Warranties
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. TEXTURAMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TEXTURAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Although TEXTURAMA has attempted to provide accurate information on the Services, TEXTURAMA assumes no responsibility for the accuracy or completeness of the information. Any mention of non- TEXTURAMA products or services on the Services is for informational or research purposes only and constitutes neither an endorsement nor a recommendation unless otherwise stipulated by TEXTURAMA.
TEXTURAMA WILL NOT BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR ANY TEXTURAMA PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR FOR ANY AMOUNT IN THE AGGREGATE GREATER THAN $100, EVEN IF TEXTURAMA MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Websites
This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Choice of Law and Venue
This agreement is governed by California law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in San Jose, California, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
Suspension of Services
TEXTURAMA may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach the Terms of Service or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with TEXTURAMA’s prior written consent. Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind TEXTURAMA in any respect whatsoever.