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Terms of Use

Welcome to TexasArt.com ("Website"). This Website is owned by Texas Art Supply. When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these Terms of Use ("Terms").

Users
You must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions. Texas Art Supply provides you with access to and use of the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.

These Terms of Use May Change
Texas Art Supply has included the effective date of our Terms above. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website. These Terms supersede all previous notices or statements regarding the Website. Texas Art Supply reserves the right to terminate or discontinue any aspect of the Website in our sole discretion and without any notice including, but not limited to, information or other materials, features and/or hours of availability and we will not be liable to you or to any third party for doing so.

Website Contents
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Texas Art Supply. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and Texas Art Supply owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. You may only download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Texas Art Supply reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment or agency relationship exists between Texas Art Supply and you as a result of these Terms or your use of the Website.
All content that you post on this Website or otherwise disclosed, offered or submitted to Texas Art Supply shall be and remain Texas Art Supply property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any content shall constitute an assignment to Texas Art Supply of all worldwide rights, titles and interests in all copyrights and other intellectual property in the content. Texas Art Supply is and shall be under no obligation to maintain any content you post, offer, disclose or submit to Texas Art Supply in confidence or to pay to user any compensation for any such content.
Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from Texas Art Supply. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Texas Art Supply. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.

Trademarks and Service Marks
All third party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners.

Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Texas Art Supply on or by the Website or otherwise disclosed, submitted or offered to Texas Art Supply (collectively, "Comments") shall be and remain Texas Art Supply's property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Texas Art Supply of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. Texas Art Supply is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.


You agree that no Comments submitted by you to Texas Art Supply will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

Privacy and Your Information
Your information is subject to Texas Art Supply's Privacy Policy. For more information, see our full Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.

Inaccuracy Disclaimer
From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Texas Art Supply reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Password Security
If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.

Links
The Website may provide, or third parties may provide, links to other sites or resources. Because Texas Art Supply has no control over such sites and resources, Texas Art Supply is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Texas Art Supply shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Texas Art Supply reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site. Permission must be granted by Texas Art Supply for any type of link to the Website. To request our permission, you may write to Texas Art Supply at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time.

Product Information
In some cases, merchandise displayed for sale on the Website may not be available at Texas Art Supply stores. When products are available on both the Website and in stores, the prices may not be the same. Prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

Colors
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

DISCLAIMER OF WARRANTY
THIS WEBSITE IS PROVIDED BY TEXAS ART SUPPLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEXAS ART SUPPLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TEXAS ART SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEXAS ART SUPPLY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TEXAS ART SUPPLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY
NEITHER TEXAS ART SUPPLY, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification
You agree to defend, indemnify, and hold Texas Art Supply and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, your violation of these Terms or your posting or transmission of any materials on or through the Website.

User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.

Specific Prohibited Uses
You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Website. Texas Art Supply specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:

a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Website's or Texas Art Supply's networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system.

Security Rules
Violations of system or network security may result in civil or criminal liability. Texas Art Supply will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access; b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or d. Forging any part of the header information in any e-mail or newsgroup posting.

International Use
Texas Art Supply controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you access the Website from locations outside the United States you agree that any information you provide to or though the Website may be processed in the United States.

Termination of Usage
Texas Art Supply may terminate your access, or suspend your access to all or part of the Website, without notice, in Texas Art Supply's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Texas Art Supply, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, or Texas Art Supply.

Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of Texas, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Texas Art Supply must be resolved by a court located in Harris County, Texas. You agree to submit to the personal jurisdiction of the courts located within Harris County, Texas for the purpose of litigating all claims or disputes.

Waiver
The failure of Texas Art Supply to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severed Provisions
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Contacting Us
To contact Texas Art Supply with any questions or concerns in connection with these Terms or the Website, or to provide notice to Texas Art Supply, you can reach us at:

2001 Montrose Blvd.
Houston, TX 77006
(713) 526-5221