How You May Use the Material on Our Website:
All materials contained in this Website are the copyrighted property of their respective owners. All materials in this Website shall only be used for personal, non-commercial purposes. You may view material from this Website for your own use and may download only one copy of any materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to the downloaded material.
Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of material from this Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of ATextures.com. The material covered by this prohibition includes, but is not limited to, any written text, graphics, logos, photographs, audio, or video material on the Website.
You are also strictly prohibited from creating works or materials that are derived or are in any way based on the materials contained in this Website including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise.
Terms Concerning Photos and Textures Submissions:
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
i. “stalk” or otherwise harass another; or collect or store personal data about other users.
You acknowledge that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the website. Without limiting the foregoing, we shall have the right to remove any Content for any reason whatsoever, whether or not it violates the Terms of Service. You acknowledge that you may not rely on any Content contained on the website.
You acknowledge that we shall have the right to, at our sole discretion, form partnerships, agreements, or work with affiliates to distribute any media uploaded to the website for any purpose we see fit, including but not limited to marketing campaigns, network websites, and widgets (small applications used on a variety of websites, such as blogs or personal websites).
You acknowledge, consent and agree that our website may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of our website, users or the public.
You agree to indemnify and hold ATextures.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the website, your use of the website, your violation of the Terms of Service, or your violation of any rights of another.
We are not responsible for the Products of Advertisers on this Website ATextures.com is not responsible for and does not guarantee the price or performance of any goods, products or services advertised on the website.
Disclaimer of Warranties
THE MATERIAL IN THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. OUR WEBSITE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER OUR WEBSITE NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE. OUR WEBSITE WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF OUR WEBSITE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Pursuant to the Digital Millennium Copyright Act, ATextures.com has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website, For information on our DMCA compliance.
Other Important Website Use Terms
You agree that our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of our right to enforce such terms, This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website must be filed within one (1) year after such claim or cause of action arose or be forever barred, and expressly waive any other statute of limitation which otherwise may apply.