TERMS AND CONDITIONS

 

The Texture website ( the "Site")  is comprised of various web pages operated by Wix.com Ltd. ("Wix"). Throughout the site, the terms “we”, “us” and “our” refer to Wix. Wix offers this website, including all information, tools and services available from this Site to you. The Texture Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ( the "Terms"). Your use of the Texture Site constitutes your agreement to all such Terms. If you do not agree to all the Terms of this agreement, then you may not access the Site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service. Please read these Terms carefully, and keep a copy of them for your reference.

By visiting our Site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms , including those additional terms and conditions and policies referenced herein or located in our Privacy Policy, which also governs the Site and informs users of our data collection practices.  You must not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, transfer or sell any information, products or services obtained from the Texture Site without prior written consent. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

MODIFICATIONS OF THE TERMS


 We reserve the right, in its sole discretion, to update, change or replace any part of these Terms under which We offer. The most current version of the Terms will supersede all previous versions. We will post updates and/or changes to our Site. It is your responsibility to check this page periodically for changes to stay informed of Our updates. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

ELECTRONIC COMMUNICATION
 

Visiting the Texture Site or sending emails constitutes electronic communications. You consent to receive electronic communications  and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically; via email and on the Site, satisfy any legal requirement that such communication be in writing.

 

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat are, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group ( collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights ( such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload, files that contain software or other material protected by intellectual property laws ( or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise of offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Texture spokespersons, and their views do not necessarily reflect those of Texture. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

YOUR ACCOUNT 

If you use this Site,  you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that  the Site is not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.


ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

CHILDREN UNDER THIRTEEN 

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen , you may use the Site only with the permission of a parent or guardian.

LINKS TO THIRD PARTY SITES OR SERVICES

The Site may contain links to other websites ( "Linked Sites"). The Linked Sites are not under  Our control and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us of the Site or any association with its operators. Certain services made available by Us are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.  You will be able to connect your Wix account to third party accounts. By connecting your Wix account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others ( in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. Please carefully review the Linked Site's policies and practices and make sure you understand them before you engage in any transaction.  Any complaints, concerns, or questions regarding a Linked Site's products should be directed to the Linked Site. 

NO UNLAWFUL OR PROHIBITED USE/ INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of use. As a condition of your use of the Site, you warrant to Us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner  which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

All content included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site, is Our property and Our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse, engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without Our express written permission. and of the copyright/trademark owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licensees, express or implied, to Our intellectual property or our licenses as expressly authorized by these Terms.

MATERIALS PROVIDED TO TEXTURE OR POSTED ON ANY OF OUR WEB PAGES

We do not claim ownership of the materials you provide to Us( including feedback and suggestions) or post, upload, input or submit to any Texture Site or associated with Our services ( collectively "Submissions"). However,, by posting, uploading, inputing, providing or submitting your Submissions you are granting Us and our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, transfer and reformat your Submission; and to publish your name in connection with your Submission.

NO compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Our sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Wix from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Texture content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

ORDERS

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit the sales of our products or Services. In the event that we change or cancel your order, you will be notified. You agree to provide complete and accurate information on your account such as shipping, billing and credit card information in order that We may complete your order, and you agree to receive communication from Us in connection with Our Services.
 

PRODUCTS

Prices for our products are subject to change without notice. We reserve the right to discontinue any product at any time without notice. Certain products or services may have limited quantities and are subject to Our Return Policy. Product descriptions are subject to change at any time without notice. We have made every effort to accurately display product descriptions and images and make no warranty that the products or Services will meet your expectation. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Texture and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any losses, costs, liabilities and expenses ( including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in asserting any available defenses. 

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, the such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the arbitrator's award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of  these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any punitive class, collective and or representative proceeding, such a in the form of a private attorney general action against the other. Further, unless both you and Us agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  

LIABILITY DISCLAIMER

The information software, products and Services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Texture and or Our suppliers, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, may make improvement and/or changes in the Site at any time.

 

We and/or Our suppliers, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, Services and related graphics contained on the Site for any purpose to the maximum extent permitted by applicable law, all such information, software, products Services and related graphics are provided "as is" without warranty or conditions of any kind. We and/or Our suppliers, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, hereby disclaim all warranties and conditions with regard to this information, software, products, Services and  related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall We and/or Our suppliers, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related Services, the provision of or failure to provide Services, or for any information, software, products, Services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if We or any of Our suppliers, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, have been advised of the possibility of damages. Because some States/Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the Site.

TERMINATION/ACCESS RESTRICTION

 

We reserve the right, in is sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of tis agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by Us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid of unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, written, between the user and Us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

CONTACT US

We welcome your questions or concerns regarding the Terms. Please contact Us.

 



 

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