ACCEPTANCE OF TERMS THROUGH USE
By using Texas Paint and Wallpaper’s Web site, www.texaspaint.com (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

PERMITTED USE
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The content on this Site is the property of Texas Paint and Wallpaper and is protected by U.S. and international copyright laws.

LIMITED LICENSE
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Texas Paint and Wallpaper may change, suspend, or discontinue any aspect of the Site at any time. Texas Paint and Wallpaper may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site.  Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents in whole or in part.

VIOLATION OF THE TERMS OF USE
You understand and agree that in Texas Paint and Wallpaper’s sole discretion, and without prior notice, Texas Paint and Wallpaper may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Texas Paint and Wallpaper believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Texas Paint and Wallpaper, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Texas Paint and Wallpaper for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Texas Paint and Wallpaper may release user information about you if required by law or subpoena.

NO COMMERCIAL USE
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Texas Paint and Wallpaper’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Texas Paint and Wallpaper will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS
The Site contains links to sites operated by third parties throughout the World Wide Web. Texas Paint and Wallpaper has no control over these sites or the content within them. Texas Paint and Wallpaper does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Texas Paint and Wallpaper does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Texas Paint and Wallpaper for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Texas Paint and Wallpaper or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. Texas Paint and Wallpaper, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by Texas Paint and Wallpaper. The use or misuse of any of these materials is strictly prohibited.

DMCA POLICY
If Texas Paint and Wallpaper determines that an account holder is a repeat infringer under the Digital Millennium Copyright Act, Texas Paint and Wallpaper will remove or prohibit access to the infringing activity and will terminate that account holder’s ability to upload, post or submit content to the Site.
If you are notifying Texas Paint and Wallpaper of alleged copyright infringement, please be sure to provide all of the following information to the designated agent for notification in the form required by 17 U.S.C. Section 512:
* A physical or electronic signature of a person authorized to act on behalf of the owner of the an exclusive right that is allegedly infringed;
* A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
* A description of the allegedly infringing material and information sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
* A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
* A statement by you that the information in the notification is accurate and that, under the penalty of perjury, you have the authority to enforce the copyrights that are claimed to be infringed.

DESIGNATED AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
NAME: DMCA Agent Texas Paint and Wallpaper
ADDRESS: 4410 Ross Ave., Dallas, Texas 75204
PHONE: (214) 824-4574
FAX: (214) 823-1951

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER TEXAS PAINT AND WALLPAPER, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TEXAS PAINT AND WALLPAPER, D CUSTOM, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold Texas Paint and Wallpaper, D Custom and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

CHOICE OF LAW
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Texas, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Dallas County, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY
If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

HEADINGS
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.