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Terms and Conditions

1. Introduction
Welcome to the web site (“Web site”) of NaturallyCurly.com®’s CurlMart. This Web site and the content herein are provided to you subject to these terms and conditions. This document is a contractual agreement (“Agreement”) between you and TextureMedia, Inc. As a condition for accessing or utilizing any part of the Web site, you hereby agree to all terms of this Agreement. TextureMedia, Inc. may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the web site, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You can review the most current version of this Agreement by visiting http://www.curlmart.com.

2. Definitions
“TextureMedia, Inc.” means TextureMedia, Inc., and its affiliates, subsidiaries, joint ventures, partners, successors and assigns.
“Personally Identifiable Information” means any information that identifies an individual, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or mother’s maiden name.
“Web site” means the web site you are viewing at the moment, and also includes any and all web sites owned, operated or controlled by TextureMedia, Inc.
“User” or “you” or “your” refers to any and all individuals, companies, organizations, and other entities who access or use this Web site in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered, or who request, purchase, subscribe to, access, or otherwise use the services and products offered by TextureMedia, Inc.

3. Security
You agree keep your password confidential and not to distribute it or otherwise allow any one other than you to access your account. Your password is the ultimate key to all of the information in your account, including your email, files, and any other information you have provided to us.
Any communication you make on this Web site or over the Internet, whether sent via e-mail, via a form on the Web site, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on an appropriate web page that you can expect the communication to be secure or encrypted.

4. Refusal & termination of service
TextureMedia, Inc. reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.

5. License
TextureMedia, Inc. grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Web site in real time and to use the materials in the Web site in a manner consistent with Paragraph 6 (Intellectual Property Rights) below.

6. Intellectual property rights
Unauthorized duplication of this Web site, in whole or in part, or of any content downloaded from the Web site is a violation of United States copyright law and international treaties.

A. Copyrights
Unless otherwise stated, TextureMedia, Inc. owns the copyright in this Web site and the content thereof, including, without limitation, all text, graphics, images, video material, audio material, and other content (“Copyright Material”). The Copyright Material is protected by state, federal, and international copyright laws. You may display and download portions of the Web site solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the TextureMedia, Inc.web site. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.
B. Trademarks
NaturallyCurly, CurlMartand the TextureMedia, Inc. design, images, and graphics are trademarks, trade names, or service marks of TextureMedia, Inc. The TextureMedia, Inc. word marks, design, graphics, trademarks, trade names, and service marks may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of an officer or director of TextureMedia, Inc. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.

C. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to TextureMedia, Inc at the following address and will be sent to the designated agent for TextureMedia, Inc.:

TextureMedia, Inc.
6604 North Lamar Blvd
Austin, TX 78752

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this web site;
3. A reasonably detailed description of where the alleged infringing material is located on this web site;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Submissions
TextureMedia, Inc. values and encourages feedback on our products and services. Pursuant to TextureMedia, Inc. company policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by TextureMedia, Inc. If you choose to send any creative submissions to us, whether at TextureMedia, Inc.’s request, or despite our request that you do not send submissions to us, then you hereby irrevocably transfer any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), including, without limitation, all copyright rights, trademark rights (and goodwill appurtenant thereto), trade secret rights, industrial rights, and moral rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby waive enforcement of any and all moral rights. TextureMedia, Inc. shall be entitled to complete unrestricted use of the submissions and all information contained therein for any purpose, whether commercial or otherwise, without compensation to or recognition of the author or provider of the submissions.

8. Visitor Representations & Warranties
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Web site, products, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Web site, products, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Web site; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, TextureMedia, Inc. has the right to terminate your account and refuse any and all current or future use of the Web site.

You further represent and warrant that you will not provide the name, address, email address, phone number, or other personally identifiable information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder.
You represent and warrant that you own, or have otherwise lawfully obtained the right to use, all right, title and interest in and to all photographs, images, videos, graphics, information, data, or other content (jointly and severally “User Content”) which you may upload, post, or otherwise use or make available on or through this Web site, and that your posting, uploading, reproduction, distribution, performance, display or other use of the User Content does not, and shall not, infringe or violate the rights of any third party.

9. Governing Law, Jurisdiction, & Venue
All uses of the Web site, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. You further irrevocably agree that the state and federal courts situated in Travis County, Texas shall have exclusive jurisdiction and venue over any and all disputes arising under or related to this Agreement and you hereby expressly waive jurisdiction and venue in any other forum.

10. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TEXTUREMEDIA, INC., ITS PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, OWNERS, JOINT VENTURERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. TEXTUREMEDIA, INC. MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT TEXTUREMEDIA, INC.’SRIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT TEXTUREMEDIA, INC.’SPRIOR WRITTEN APPROVAL.

11. LIMITATION OF LIABILITY
ACCESS TO THIS WEB SITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT TEXTUREMEDIA, INC. ITS PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, JOINT VENTURERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR TEXTUREMEDIA, INC.’S PROVISION OF THE CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY TEXTUREMEDIA, INC. EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, TEXTUREMEDIA, INC. SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.

12. DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS” BASIS. THERE IS NO GUARANTEE THAT ANY STATEMENTS, GOODS OR SERVCIES PROVIDED TO YOU HEREON WILL MAKE YOU FEEL BETTER. TEXTUREMEDIA, INC.MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. TEXTUREMEDIA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEXTUREMEDIA, INC.SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.


ACCEPTABLE USE POLICY

13. Lawful Purpose
The TextureMedia, Inc. web site may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of TextureMedia, Inc.’s Acceptable Use Policy (“AUP”) is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of TextureMedia, Inc.’s products or services is strictly prohibited. Using the TextureMedia, Inc.’s web site to perform, or solicit the performance of, any illegal activity is also strictly prohibited.

  • In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:
  • Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters/emails, telephone calls or any other form of solicitation to anyone.
  • Spamming any email address that appears on the web site.
  • Posting any multi-level-marketing, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business or commercial opportunity.
  • Including any hidden text in your postings, including words in white or otherwise invisible font.
  • Deleting or revising any material posted by any other person or entity.
  • If you have a password allowing access to a nonpublic area of the Web site, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Web site under your account.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web site other than the search engine and search agents available from TextureMedia, Inc. on the Web site and other than generally available third party web browsers.
  • Accessing the web site by any means other than through the interface that is provided by TextureMedia, Inc. for use in accessing the Web site.
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising a part of the Web site.
  • Aggregating, copying or duplicating in any manner any of the materials or information available from the web site.
  • Framing of or linking to any of the materials or information available from the Web site.