Please read the information posted below. If you decline the "Terms and
Service" below please do not use this web site.
Description of Service
opentexture.com provides users with access to content and features to learn
about and participate with products and services published by Open Texture (the
"Service"). In order to use the Service, you must obtain access to the World
Wide Web, either directly or through devices that access web-based content, and
pay any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device. opentexture.com may at
anytime change or update the "Terms of Service" as stated herein.
Content
Copyright in the content of this website is owned wholly by Open Texture, its
owners, agents, or other respective copyright owners. Any person ("User")
accessing this website is bound to the following terms and conditions, and
authorized accordingly. User may view the materials contained on the website
("Materials") for personal use only and not for any commercial gain. No copy of
any of the Materials may be sold, given, or otherwise provided to a third
party. Any copy of or reference to any content included in the Materials must
include the copyright notice which appears along with any such content.
Excepting any condition, warranties, rights, or conditions whose exclusion is
prohibited by applicable legislation, the materials contained on this website
are provided "as is" and without warranty of any kind, expressed or implied.
Any person accessing this website acknowledges and accepts that, to the extent
permitted by law, Open Texture will be under no liability to User whatsoever
whether in contract or tort (including, without limitation, negligence); breach
of statute; loss or damage (including but not limited to loss stemming from
inaccuracies, typographical errors, or omissions in the Materials). Open
Texture reserves the right to occassionally change, modify, or update any of
the materials included on the website.
Community
The Service may include discussion boards and other open forums that allow
users to view and make posts. Only registered users may post to the boards,
although all users can view them. All postings will be immediately visible on
the board, so please use courtesy and avoid posting inappropriate language,
derogatory or offensive comments, or illegal content. The boards will be
reviewed from time to time and any postings may be removed at the sole
discretion of Open Texture. Commercial advertising or promotional
announcements are strictly forbidden. Members who break the rules will be
subject to account suspension or cancellation.
Content Submissions
While Open Texture screens or otherwise filters communications from its users
from time to time, we cannot guarantee the accuracy or appropriateness of this
content. If, at anytime, you view material that you find offensive or
unsuitable, please email abuse@opentexture.com
. We will investigate the situation and decide whether or not to edit or remove
the material. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. You agree that you are solely
responsible for the form, content, and accuracy of any content written and
posted by you to the site. Submitting false or inaccurate information or
information that is not your own or for which you do not have rights to
reproduce is strictly prohibited. Submitting material that is obscene, sexually
explicit, defamatory, threatening, harassing, abusive, hateful or embarrassing
to another user, person or entity is strictly prohibited.
Any and all content submitted to opentexture.com, whether through tools or
forms on the website or sent directly to opentexture.com via email, become the
property of opentexture.com, its operators, agents, or associates.
Indemnity
Open Texture does not guarantee that this web site will operate error free or
that the web site and server are free of computer viruses or other harmful
mechanisms. Open Texture does not imply or guarantee the truthfulness, accuracy
or reliability of any communication posted to the web site, nor shall Open
Texture be held responsible for any damage done to persons, equipment, or data
by those persons that use the web site. This web site contains links to 3rd
party web sites. These links are provided as a convenience to you do not
constitute an endorsement. We are not responsible for the content contained
within any of these links. Accessing these links is done so, at your own risk.
You must agree to defend, indemnify, and hold harmless Open Texture, its
owners, operators, associates, and agents from and against any claims, actions
or demands. Also, if necessary, reasonable legal and accounting fees alleging
or resulting from your use of the website material or your breach of the "Terms
of Service" of this agreement will be charged. The material contents of this
web site are copyright protected under United States and International Laws.
Unauthorized use of the material content is strictly prohibited. In no event
shall Open Texture, its owners, operators, associates, and associates be liable
for any damages including, but not limited to, direct, indirect, special,
incidental or consequential damages or other losses arising out of the use of
or inability to use the content or features on opentexture.com.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPEN
TEXTURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b)
OPEN TEXTURE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM opentexture.com OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF
SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPEN TEXTURE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF OPEN TEXTURE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE SECTIONS ABOVE MAY NOT APPLY
TO YOU.
Violations
Please report any violations of these Terms of Service to
abuse@opentexture.com
.
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