Terms of service

Please read the following Terms of Service Agreement carefully. By accessing or using this website, you hereby agree to be bound by these terms. It is your responsibility to read the TOS before proceeding to use this site.

For purposes of this Agreement, the terms “we,” “us,” and “our” refer to Texturous, LLC (and its sole member, Carrie Gilbert). “You” refers to you, as a user of our website.

The content on this website is intended for US audiences.

Acceptance of terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that sets forth the terms and conditions under which you may use this website and the services it offers.

License to use website

Unless otherwise stated, Texturous, LLC owns the intellectual property rights of this website and all material on the website (including but not limited to artwork, photographs, other graphics, text, and video).  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in this TOS.

You must not:

  • Republish material from this website (including republication on another website)
  • Sell, rent, or sub-license any material from this website
  • Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose
  • Redistribute material from this website (except for content specifically and expressly made available for redistribution)

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without express written consent.

Purchases and payments

All payments are made through PayPal, a third-party payment processor. Payment processing is bound by PayPal’s Terms of Service and Privacy Policy. You agree to pay the full amount as charged.

On completion of your online purchase, you will receive a confirmation email. We will make reasonable efforts to package the artwork and ship it within five (5) business days. If we are unable to ship the order in a timely manner, we will contact the buyer via email or phone.

All sales are final. Artwork is only refunded if damage occurs during shipment. If you receive a damaged shipment, please contact us as soon as possible so we can promptly resolve the issue.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate, or non-misleading

Modifications

We reserve the right at any time to modify our prices, change shipping and handling rates, update services, change tax rates, and/or otherwise modify our products and services (including their temporary or permanent discontinuation), with or without prior notice. We cannot be held liable to you or any third party for any such modifications, alterations, suspensions, and/or discontinuations.

Color of artworks

We have made reasonable efforts to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet, or other device may display colors differently. We are not responsible for the color accuracy on your computer monitor, cell phone, tablet, or other device. Similarly, there may be color differences between the original artwork and subsequent reproductions. While we do our best to match colors accurately, color differences may exist.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

Indemnification

You agree to indemnify and hold Texturous, LLC free from any demands, losses, claims, or expenses (including attorney’s fees) in connection with your use of this website or any of its services.

Breaches of terms

If you breach these terms in any way, Texturous, LLC may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Severability

If any provision of this TOS is determined to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Texturous, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Governing law

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Oregon. You agree and acknowledge that any action to enforce this TOS will be brought solely to the State and Federal Courts located in Clackamas County, Oregon.

Changes

We may update this TOS from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. The new terms will apply to all current and past users of this website and will replace any prior policies that are inconsistent with it.

Contact us

For more information about our terms, or if you would like to express a concern, please contact us through the Contact page on this site.

Last updated: September 21, 2020