Terms of Use ~ Textures.World

Acceptance of Terms and Conditions

Last updated: September 29, 2024.

These Terms of Use represent a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Textures & Backgrounds Store (“we,” “us,” or “our”) concerning your access to and use of the https://www.textures.world/ website, as well as any other media forms, media channels, mobile websites, or mobile applications linked, connected, or otherwise associated with it (collectively, the “Site”). By accessing the Site, you confirm that you have read, understood, and agree to be bound by all of these Terms of Use, including the Community Guidelines posted on the Site, which are incorporated herein. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Any additional terms, conditions, or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to modify or change these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date on these Terms of Use, and you waive the right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site following the posting of revised Terms of Use will constitute your acknowledgment and agreement to the changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate applicable laws, regulations, or subject us to registration requirements within such jurisdiction or country. Accordingly, individuals who choose to access the Site from other locations do so at their own initiative and are solely responsible for compliance with local laws, if and to the extent they apply.

The Site is intended for users who are at least 13 years old. All users who are minors in their jurisdiction of residence (typically under the age of 18) must be authorized and directly supervised by their parents or guardians to use the Site. If you are a minor, you must ensure that your parent or guardian reads and agrees to these Terms of Use before you begin using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our property, and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (the “Content”), as well as the trademarks, service marks, and logos contained therein (“Marks”), are owned or controlled by us or licensed to us. The Content and Marks are protected by copyright, trademark, and other intellectual property laws and unfair competition laws of the United States, foreign jurisdictions, and international treaties.

The Content and Marks are provided on the Site on an “AS IS” basis, solely for your informational and personal use. Except as explicitly outlined in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

If you are authorized to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, strictly for your personal, non-commercial use. We reserve all rights not expressly granted to you regarding the Site, Content, and Marks.

USER REPRESENTATIONS

By using the Site, you affirm and guarantee that: (1) all registration details you submit will be truthful, accurate, up-to-date, and complete; (2) you will ensure the ongoing accuracy of this information and update it promptly as needed; (3) you possess the legal capacity to agree to and comply with these Terms of Use; (4) you are at least 13 years old; (5) you are not a minor in your place of residence, or if you are, you have received parental consent to use the Site; (6) you will not access the Site through automated means.

If you provide false, inaccurate, irrelevant, or incomplete information, we reserve the right to suspend or terminate your account and deny any current or future use of the Site (or any part thereof).

USER REGISTRATION

To create an account or purchase premium subscriptions and/or credits, you may need to register on the Site. You agree to keep your password confidential and accept responsibility for all activities conducted under your account and password. We retain the right to remove, reclaim, or modify your chosen username if we determine, in our sole discretion, that it is inappropriate, offensive, or otherwise unacceptable.

COSTS AND PAYMENT

We accept the following payment methods:

Visa
Mastercard
American Express
Discover
PayPal

Certain services we offer may require you to make a purchase or pay a fee to gain access. By using our Site, you agree to provide accurate, complete, and up-to-date information for all purchases and billing details. Additionally, you are responsible for keeping your billing and payment information current, including your email address, billing/postal address, payment method, and payment card expiration date, so that we can process your transactions and contact you as needed. Purchases made through the Site will be billed via online billing. Sales tax may be applied to your purchase price if applicable. Please note that prices are subject to change at any time, and all payments must be made in U.S. dollars.

You agree to pay all charges or fees associated with your purchases at the prices in effect at the time of purchase. You authorize us to charge your chosen payment provider for these amounts when you complete your transaction. For purchases involving recurring charges, you consent to us charging your payment provider on a recurring basis without seeking your prior approval for each charge, until you inform us to cancel the service. We reserve the right to correct any pricing errors or inaccuracies, even if payment has already been requested or received. Furthermore, we retain the right to refuse any order placed through the Site.

DISCLAIMER

The textures available for purchase on Textures.World are crafted manually. If you discover an error in the product description or have purchased a texture that is not seamless, despite being described as such, and you would like to request a refund, please reach out to our support team within 14 days of receiving the item.

If you are dissatisfied with our services, please contact us or call us at +7-921-797-9030.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than what we have explicitly provided it for. The Site cannot be used in connection with any commercial activities unless specifically approved or endorsed by us.

As a user of the Site, you agree not to:

Engage in any unauthorized use of the Site, including collecting usernames and/or email addresses via electronic means or otherwise for sending unsolicited emails, or creating user accounts through automated methods or under false pretenses.
Bypass, disable, or interfere with any security-related features of the Site, including those designed to prevent or restrict the use, copying, or distribution of content or enforce usage restrictions on the Site and its content.
Mislead or deceive us or other users, particularly when attempting to obtain sensitive account information such as (but not limited to) passwords.
Abuse our support services or submit false reports of misconduct or violations.
Use automated systems or scripts to post comments or messages, or employ data mining tools, robots, or similar extraction methods.
Interfere with, disrupt, or place undue strain on the Site, networks, or services connected to the Site.
Attempt to impersonate another user or individual, or use another user’s username without authorization.
Use any information obtained from the Site to harass, abuse, or harm another person.
Reverse engineer, decompile, disassemble, or decipher any software included in or forming part of the Site.
Try to bypass any measures implemented by the Site to prevent or restrict access to the Site or any portion thereof.
Harass, annoy, intimidate, or threaten any employees or agents involved in providing the Site to you.
Remove copyright or other proprietary notices from any content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful materials, including excessive capitalization or spam (repetitive posting of identical text), which interferes with the operation, functionality, or maintenance of the Site.
Upload or transmit (or attempt to do so) any material that acts as a passive or active mechanism to collect or transmit information, including transparent graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or similar devices (often referred to as “spyware” or “passive collection mechanisms” or PCMs).
Except as may result from using a standard search engine or internet browser, launch, develop, or distribute any automated system, including spiders, robots, deception utilities, scrapers, or autonomous readers that access the Site, or run unauthorized scripts or software.
Discredit, defame, or otherwise harm, in our judgment, us and/or the Site.
Use the Site in a manner inconsistent with applicable laws or regulations.
Use content without proper attribution.
Use content in a way that violates the licensing terms associated with the content.
Use content for machine learning, artificial intelligence, or biometric technologies. Unless expressly permitted in a Textures.World invoice, order confirmation, or license agreement, you may not use the content (including any signature details, keywords, or other metadata related to the content) for machine learning and/or artificial intelligence purposes, or for any technologies intended to identify individuals. Additionally, Textures.World does not represent or guarantee that consent has been obtained for such uses concerning content published by the model.

GUIDELINES FOR LEAVING FEEDBACK AND COMMENTS

We may provide areas on the Site where you can leave comments or reviews. When posting a review or comment, you must adhere to the following criteria: (1) You must have direct, first-hand experience with the individual, organization, or content being reviewed; (2) Your feedback must not include abusive language, profanity, racist, offensive, or hateful remarks; (3) Your feedback must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, gender identity, or any related characteristic; (4) Your feedback must not be based on a person’s religion, race, gender, national origin, age, marital status, sexual orientation, gender identity, or any other protected characteristic.

We reserve the right to accept, reject, or delete any comments or feedback at our discretion. We are not obligated to verify, monitor, or remove feedback, even if someone deems it inappropriate or inaccurate. Reviews do not represent our endorsement and may not reflect our opinions or those of our affiliates or partners. We are not responsible for any reviews or any claims, liabilities, or damages arising from them. By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, assignable, and sublicensable license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to your feedback.

SOCIAL MEDIA

As part of the Site’s functionality, you may link your account with third-party service accounts (“Third Party Accounts”) by either (1) providing us with your login information for those accounts through the Site, or (2) granting us access to your Third Party Account as permitted under the applicable terms and conditions governing your use of each account. You represent and warrant that you have the right to disclose your Third Party Account login information to us and/or provide us access without violating any terms of use associated with those accounts and without obligating us to pay any fees or subjecting us to usage restrictions imposed by the third-party service provider.

By granting us access to your Third Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content you’ve submitted and stored in your Third Party Account (“Social Network Content”) so that it is accessible on and through the Site via your account, including, but not limited to, friend lists, and (2) we may transmit and receive additional information from your Third Party Account to the extent you are notified when linking your account. Depending on the Third Party Accounts you select and your privacy settings on those accounts, personal information you post to your Third Party Accounts may become accessible on the Site and through your account. Please note that if a Third Party Account becomes unavailable or our access is terminated by the third-party provider, Social Network Content may no longer be available on the Site. You can disable the connection between your Site account and Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THEM. We do not review Social Network Content for any purpose, including accuracy, legality, or non-infringement, and we are not responsible for such content. You can disable communication between the Site and your Third Party Accounts by contacting us using the information below or through your account settings (if applicable). We will attempt to delete any information obtained through Third Party Accounts, except for your username and profile picture, which may remain associated with your account.

SUBMITTED MATERIALS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Materials”) that you submit to us are non-confidential and become our exclusive property. We own all rights, including intellectual property rights, and are entitled to unrestricted use and distribution of these Materials for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights in any such submission and warrant that any submission is original or that you have the right to provide it. You agree that we shall have no liability to you for any alleged or actual infringement or misappropriation of any proprietary rights in your submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be directed through the Site to) links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, banners, images, drawings, music, sound, video, information, applications, software, and other materials or items belonging to or originating from third parties (“Third Party Content”). We do not investigate, monitor, or review Third Party Websites or Third Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted, accessible through, or installed on the Site, including its content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. The inclusion of, linking to, or authorizing the use or installation of any Third Party Websites or Third Party Content does not imply endorsement or approval by us. If you choose to leave the Site and access third-party websites or use/install any Third Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should familiarize yourself with the applicable terms and policies, including privacy and data collection practices, of any website or application you access from the Site. Any purchases made through third-party websites are conducted through other websites and companies, and we assume no liability for such transactions, which are solely between you and the applicable third party. You agree that we do not endorse products or services offered on third-party websites, and you agree to hold us harmless from any damages caused by purchasing such products or services. Additionally, you agree to indemnify us from any liability for any loss or damage incurred by you in connection with or resulting from any Third Party Content or contact with Third Party Websites.

We permit advertisers to display their advertisements and other related information in designated areas of the Site, such as sidebars or banners. If you are an advertiser, you accept full responsibility for any advertisements you place on the Site, as well as for any services or products offered through those advertisements. Additionally, as an advertiser, you affirm that you possess all necessary rights and authority to advertise on the Site, including but not limited to intellectual property rights, publicity rights, and contractual rights. By advertising, you acknowledge that your content is subject to our Digital Millennium Copyright Act (“DMCA”) policy, and you understand that there will be no refunds or compensation for issues related to DMCA takedowns. We merely provide space for these advertisements and maintain no further relationship with advertisers.

U.S. GOVERNMENT RIGHTS

Our services qualify as “commercial items” as defined in the Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency outside the Department of Defense (“DOD”), they are governed by these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). For services procured by or on behalf of any Department of Defense agency, the terms of these Terms of Use apply in accordance with the Department of Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. Furthermore, DFARS 252.227-7015 applies to technical data acquired by the Department of Defense. This U.S. Government Rights clause supersedes any conflicting provisions in the FAR, DFARS, or other regulations addressing the Government’s rights in computer software or technical data under these Terms of Use.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) pursue appropriate legal action against individuals who, in our sole discretion, violate applicable laws or these Terms of Use, including reporting such users to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or portions thereof; (4) in our sole discretion and without limitation, take any other actions deemed necessary.

PRIVACY POLICY

We prioritize your privacy and data security. By using the Site, you agree to our Privacy Policy, which is incorporated into these Terms of Use and posted on the Site. Please note that the Site is hosted in the Russian Federation. If you are accessing the Site from the European Union, Asia, or any region with laws or requirements governing personal data collection, use, or disclosure that differ from those applicable in the Russian Federation, continuing to use the Site constitutes your consent to transfer your data to the Russian Federation and to the processing of your data within the country. Additionally, we do not knowingly solicit, request, or collect information from children or intentionally target advertisements at children. Therefore, in compliance with the Russian Federation Children’s Online Privacy Protection Act, if we become aware that anyone under the age of 13 has provided us with personal information without verifiable parental consent, we will promptly remove that information from the Site as soon as reasonably possible.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

DMCA Notice of Copyright Infringement

Textures & Backgrounds Store values the intellectual property rights of others and expects that you will demonstrate the same level of respect when accessing and using the Site.

Procedure for Copyright Infringement Claims:

If you believe that your copyrighted material has been used in a manner that constitutes infringement and is accessible on the Site, please inform our copyright agent (“Notice”) as outlined under the Digital Millennium Copyright Act of 1998 (“DMCA”). For a Copyright Infringement Notice to be valid under the DMCA, it must be submitted in writing to the designated copyright agent representing the Site. Please be aware that, under federal law, you may be subject to liability for damages if you provide materially false information in the Notice. If you are uncertain whether content posted on or linked to the Site violates your copyright, we recommend consulting with an attorney before proceeding.

The notice must include the following:

A physical or electronic signature of an individual authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by one notification, a representative list of such works available at that location.
Identification of the material that is claimed to be infringing or to constitute infringing activity and that is to be removed or access to which is to be disabled, along with sufficient information for the Site to locate the material.
Sufficient information for the Site to contact the complaining party, such as an address, telephone number, and, if available, an email address where the complaining party can be reached.
A statement affirming that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement confirming that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The above information must be provided in the form of a written notice and sent to the designated agent of Textures & Backgrounds Store:

DMCA AGENT: Alexander Nedviga
197372, Russia, Saint-Petersburg
Bogatirsky Avenue 28, Office 213
alexander.a.nedviga@gmail.com

PLEASE BE AWARE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY FALSELY CLAIM THAT MATERIAL POSTED ONLINE IS INFRINGING, YOU MAY FACE SEVERE CIVIL PENALTIES. THESE PENALTIES INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR LICENSEE OF A COPYRIGHT OWNER WHO SUFFERS HARM AS A RESULT OF OUR RELIANCE ON YOUR MISREPRESENTATION. SUBMITTING A FALSE COUNTER-NOTICE CONSTITUTES PERJURY.

This information is not intended to serve as legal advice. For more details on the requirements for valid DMCA notices, refer to 17 U.S.C. § 512(c)(3).

TERM OF VALIDITY AND TERMINATION

These Terms of Use will remain in full force and effect for as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF ANY REPRESENTATION, WARRANTY, OR COVENANT STATED IN THESE TERMS, OR APPLICABLE LAW OR REGULATIONS. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED, AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering, re-registering, or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal, and injunctive relief.

CHANGES AND INTERRUPTIONS

We reserve the right to modify, alter, or remove content from the Site at any time and for any reason, in our sole discretion, without prior notice. However, we are under no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any changes, price adjustments, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will always be available. While we will make reasonable efforts to prevent such occurrences, it is possible that we may experience hardware, software, or other issues, or need to perform maintenance related to the Site, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time and for any reason without notifying you. You agree that we shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use shall be construed as imposing an obligation on us to maintain or support the Site or provide any fixes, updates, or releases in connection with it.

APPLICABLE LAW

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws applicable to agreements made under the DMCA, and shall be fully enforceable in accordance with their terms.

DISPUTE RESOLUTION

All disputes, claims, or controversies arising from these Terms of Use (each referred to as a “Dispute” and collectively as the “Disputes”) initiated by either you or us (individually referred to as a “Party” and collectively as the “Parties”) will be resolved through arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or the International Center for Dispute Resolution, rather than through litigation. If the Parties cannot settle the dispute via informal negotiations, the arbitrator’s award may be enforced in a court that has jurisdiction over the subject matter, the involved party, or its assets. The arbitration process will be conducted in English. A single arbitrator will oversee the arbitration proceedings. Each Party shall bear their respective costs related to the arbitration process. If deemed necessary or convenient, these Terms of Use will be interpreted and enforced according to the laws of the DMCA, excluding any conflict of law provisions.

In cases where there is a discrepancy between these Terms of Use and any license agreement made with the Site, the terms of the applicable license agreement will take precedence.
These Terms of Use are not to be interpreted against or in favor of any particular party but should be understood based on the fair meaning of the language used in this Agreement. If any part of these Terms of Use is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.

CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions, including information about descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Site at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITE AND ITS USAGE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT OR MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN. WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, ANY HYPERLINKED SITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN BANNERS OR OTHER ADVERTISEMENTS. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE MADE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US, IF ANY.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Site, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, collaborators, and independent contractors from any loss, litigation, damages, costs, liabilities, and expenses (including but not limited to attorney’s fees) arising out of: (1) your materials; (2) your use of the Site; (3) your violation of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of others.

USER DATA

We retain certain data that you transmit to the Site for the purpose of managing the operation of the Site, as well as data related to your use of the Site. Although we regularly back up data, you are solely responsible for all data that you transmit or that relates to any actions you take using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any rights of action against us arising from any such loss or corruption of data.

ELECTRONIC COMMUNICATIONS

Visiting the Site, sending emails to us, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, or on the Site satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or claim under any law, statute, rule, regulation, ordinance, or other legal authority in any jurisdiction that requires an original signature, delivery or storage of non-electronic records, or payment or extension of credit by any means other than electronic.

MESSAGE

These Terms of Use and any policies or operating rules posted by us on or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay, or omission caused by any cause beyond our control. If any provision or part of a provision of these Terms of Use is held to be illegal, invalid, or unenforceable, such provision or part of a provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use shall not be construed against us due to their drafting. You hereby waive all possible objections based on the electronic form of these Terms of Use and the lack of signatures of the parties to the execution of these Terms of Use.