TERMS OF USE
TERMS OF USE
TERMS OF USE
Effective: July 29, 2025
Our Relationship
Welcome to TextureNoise products and services, provided by TextureNoise Inc. and its affiliates (“we,” “us,” or “our”).
These Terms of Use (“Terms”) govern the relationship between you and us and form a legally binding agreement that sets out the conditions under which you may access and use our platform, websites, services, applications, products, and content (collectively, the “Services”). Access to certain Services or features may be age-restricted. The Services are for personal, non-commercial use only.
The Terms constitute a legally binding agreement between you and us. Please read them carefully. If you are under 18, you may use the Services only with the consent of a parent or legal guardian who must review and discuss these Terms with you.
Acceptance of the Terms
By accessing or using the Services, you confirm that you can enter into a binding contract, accept these Terms, and agree to be bound by them. Your use of the Services is also governed by our Privacy Policy, which is accessible on the platform. By using the Services you agree to the Privacy Policy.
Any access to or use of the Services will be deemed acceptance of this agreement.
Changes to the Terms
We may revise these Terms from time to time (e.g., when we update Service features, consolidate multiple apps, or respond to regulatory changes). We will use commercially reasonable efforts to notify users of material changes—typically via the platform—but you should periodically review the Terms for updates. The “Effective” date at the top will always reflect the latest version. Continued use after the new effective date constitutes acceptance; if you do not agree, you must stop using the Services.
Your Account
To access certain Services you must create an account with accurate, up-to-date information.
You must keep your password confidential and not disclose it to any third party. If you believe someone else knows your password or has accessed your account, notify us immediately at TextureNoise@outlook.com.
You are solely responsible for all activity that occurs under your account.
We may disable your account at any time, with or without notice, if you violate these Terms or if we determine, in our sole discretion, that your account could cause harm to the Services, other users, or third parties, or violate applicable law.
If you wish to terminate your account, email TextureNoise@outlook.com. Once deleted, your account cannot be reactivated and any content or information added by you will not be recoverable.
Your Access to and Use of the Services
Your use of the Services must comply with these Terms and all applicable laws and regulations. You must not:
access or use the Services if you are unable or legally incapable of accepting these Terms or if you lack parental/guardian consent;
copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Services or any portion thereof, or attempt to discover source code, algorithms, methods, or techniques embodied in the Services;
distribute, license, transfer, or sell the Services or any derivative works;
use the Services for any commercial or unauthorized purpose, including advertising, solicitation, or spam;
interfere with or disrupt the operation of the Services, our websites, or any connected networks, or circumvent any access restrictions;
incorporate the Services or any portion thereof into any other program or product;
use automated scripts to collect information or interact with the Services;
impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
intimidate, harass, or transmit pornographic, violent, or discriminatory content based on race, gender, religion, nationality, disability, sexual orientation, or age;
use or attempt to use another user’s account, service, or system without authorization, or create false identities;
use the Services in ways that create conflicts of interest or undermine the Services’ purpose (e.g., trading reviews or soliciting fake reviews);
upload, transmit, distribute, store, or otherwise provide files containing viruses, trojans, worms, logic bombs, or other malicious or harmful technologies;
send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or similar solicitations;
post any third-party private information (addresses, phone numbers, email addresses, government ID numbers, credit-card numbers, etc.);
upload content that infringes any copyright, trademark, or other intellectual-property or privacy rights;
upload defamatory, obscene, offensive, pornographic, hateful, or inflammatory material;
upload material designed to provoke or harass (e.g., trolling, bullying), or anything threatening violence;
upload racist or discriminatory material;
provide answers, responses, comments, opinions, analyses, or advice you are not qualified to give;
or upload anything we deem unacceptable, that restricts or inhibits anyone else’s use of the Services, or that exposes us or our users to harm or liability.
We reserve the right to remove or disable access to any content at any time, with or without notice and for any reason (including, but not limited to, violations of these Terms or if we deem the content harmful). Automated systems may analyze your content (including emails) to provide product features such as customized search results, targeted ads, and spam/malware detection. This analysis occurs when content is sent, received, and stored.
Intellectual Property
All content provided in the Services (including webpages, text, images, audio, and video) is owned by or licensed to TextureNoise Inc. Content you generate through your use of the Services remains yours or your licensors’, as applicable. All intellectual-property rights in and to the Services are protected by applicable laws and may not be used or exploited without the prior written permission of TextureNoise Inc., the user, or the relevant rights holder.
Content
To use TextureNoise software, you must log in with an email address or Google account to comply with real-name registration laws. If you do not provide a phone number, we may be unable to offer the Service. You may optionally add an email address as a login credential. Visiting the TextureNoise website alone does not require registration or the above information.
With your explicit consent, when you use “one-click login,” our carrier partner will send a 6-digit verification code to your email to provide quick access. Phone numbers are sensitive personal data; if you refuse to provide one, you can still register or log in via other methods.
Users may upload, post, or transmit content (text, photos, models, etc.) and may extract portions of other users’ content to create new works collaboratively. Whenever you use features allowing uploads, transmissions, or interactions, you must follow the standards in Section 5. Not all features are available to all users, and we are not liable for restricting access to any feature.
Disclaimer of Warranties
Nothing in these Terms limits any non-waivable statutory consumer rights.
THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
that the Services will meet your requirements;
that the Services will be uninterrupted, timely, secure, or error-free;
that any information obtained through the Services will be accurate or reliable;
that any defects in software provided as part of the Services will be corrected.
Except as expressly set out in these Terms, all conditions, warranties, or other terms (including any implied terms of satisfactory quality, fitness for a particular purpose, or compliance with description) are excluded to the fullest extent permitted by law. We may change, suspend, withdraw, or restrict the availability of the whole or any part of the platform at any time without notice for business or operational reasons.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for:
(I) any loss of profit (direct or indirect);
(II) any loss of goodwill;
(III) any loss of opportunity;
(IV) any loss of data; or
(V) any indirect or consequential loss.
Any other loss will be limited to the amount you paid to TextureNoise in the 12 months preceding the claim.
We are not liable for any loss or damage arising from:
your reliance on the completeness, accuracy, or existence of any advertising or your relationship or transaction with any advertiser or sponsor;
any changes we make to the Services or the permanent or temporary cessation of the Services (or any feature);
the deletion, corruption, or failure to store any content or communications data maintained or transmitted through your use of the Services;
your failure to provide accurate account information; or
your failure to keep your password or account details secure and confidential.
Our platform is provided for domestic and private use only. You agree not to use it for any commercial or business purposes, and we have no liability to you for any business losses.
If defective digital content we supply damages your device or digital content and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. We are not liable if the damage could have been avoided by applying an update we offered free of charge or if the damage was caused by you.
You are responsible for any mobile charges (including SMS and data fees) that may apply to your use of the Services. If you are unsure what those charges may be, ask your service provider before using the Services.
To the fullest extent permitted by law, any dispute between you and any third party arising out of your use of the Services (including carriers, copyright owners, or other users) shall be resolved directly between you and that third party, and you irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Miscellaneous
Open-Source. The platform includes certain open-source software governed by the applicable open-source licenses, available in our “Open-Source Policy.”
Entire Agreement. These Terms constitute the entire legal agreement between you and TextureNoise Inc. governing your use of the Services and supersede all prior agreements.
No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision or right.
Severability. If any provision of these Terms is held invalid by a court of competent jurisdiction, that provision shall be removed without affecting the remaining provisions, which shall remain in full force and effect.
Counter-Notice. If our designated agent receives a counter-notification regarding alleged IP infringement, we may send a copy to the original complainant and may, in our discretion, restore the removed content within 10 business days (or longer) unless the complainant seeks court action. Submitting a counter-notification may result in legal proceedings between you and the complainant. False or malicious counter-notices may have adverse legal consequences.
California Consumer Rights Notice. Pursuant to Cal. Civ. Code § 1789.3, California users may contact the California Department of Consumer Affairs at https://www.dca.ca.gov/about_us/contactus.shtml. California residents under 18 may request removal of content they posted by emailing TextureNoise@outlook.com with the subject line “California Removal Request” and sufficient information for us to locate the content. We do not accept such requests by postal mail, phone, or fax and are not responsible for improperly labeled or incomplete requests.
Dispute Resolution
If a dispute arises under these Terms, we will first attempt informal resolution. The party raising the dispute must notify the other party, who then has 60 days to respond. If the dispute is not resolved within that period (or within 30 days after a response is given, whichever is earlier), either party may initiate legal proceedings.
These Terms and any claim, cause of action, or dispute arising out of or related to them shall be governed by the laws of the State of California, without regard to conflict-of-law provisions. Any claim or dispute shall be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of Los Angeles County, California, and you consent to the jurisdiction of such courts.
Contact Us
Email us at: TextureNoise@outlook.com
Our Relationship
Welcome to TextureNoise products and services, provided by TextureNoise Inc. and its affiliates (“we,” “us,” or “our”).
These Terms of Use (“Terms”) govern the relationship between you and us and form a legally binding agreement that sets out the conditions under which you may access and use our platform, websites, services, applications, products, and content (collectively, the “Services”). Access to certain Services or features may be age-restricted. The Services are for personal, non-commercial use only.
The Terms constitute a legally binding agreement between you and us. Please read them carefully. If you are under 18, you may use the Services only with the consent of a parent or legal guardian who must review and discuss these Terms with you.
Acceptance of the Terms
By accessing or using the Services, you confirm that you can enter into a binding contract, accept these Terms, and agree to be bound by them. Your use of the Services is also governed by our Privacy Policy, which is accessible on the platform. By using the Services you agree to the Privacy Policy.
Any access to or use of the Services will be deemed acceptance of this agreement.
Changes to the Terms
We may revise these Terms from time to time (e.g., when we update Service features, consolidate multiple apps, or respond to regulatory changes). We will use commercially reasonable efforts to notify users of material changes—typically via the platform—but you should periodically review the Terms for updates. The “Effective” date at the top will always reflect the latest version. Continued use after the new effective date constitutes acceptance; if you do not agree, you must stop using the Services.
Your Account
To access certain Services you must create an account with accurate, up-to-date information.
You must keep your password confidential and not disclose it to any third party. If you believe someone else knows your password or has accessed your account, notify us immediately at TextureNoise@outlook.com.
You are solely responsible for all activity that occurs under your account.
We may disable your account at any time, with or without notice, if you violate these Terms or if we determine, in our sole discretion, that your account could cause harm to the Services, other users, or third parties, or violate applicable law.
If you wish to terminate your account, email TextureNoise@outlook.com. Once deleted, your account cannot be reactivated and any content or information added by you will not be recoverable.
Your Access to and Use of the Services
Your use of the Services must comply with these Terms and all applicable laws and regulations. You must not:
access or use the Services if you are unable or legally incapable of accepting these Terms or if you lack parental/guardian consent;
copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Services or any portion thereof, or attempt to discover source code, algorithms, methods, or techniques embodied in the Services;
distribute, license, transfer, or sell the Services or any derivative works;
use the Services for any commercial or unauthorized purpose, including advertising, solicitation, or spam;
interfere with or disrupt the operation of the Services, our websites, or any connected networks, or circumvent any access restrictions;
incorporate the Services or any portion thereof into any other program or product;
use automated scripts to collect information or interact with the Services;
impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
intimidate, harass, or transmit pornographic, violent, or discriminatory content based on race, gender, religion, nationality, disability, sexual orientation, or age;
use or attempt to use another user’s account, service, or system without authorization, or create false identities;
use the Services in ways that create conflicts of interest or undermine the Services’ purpose (e.g., trading reviews or soliciting fake reviews);
upload, transmit, distribute, store, or otherwise provide files containing viruses, trojans, worms, logic bombs, or other malicious or harmful technologies;
send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or similar solicitations;
post any third-party private information (addresses, phone numbers, email addresses, government ID numbers, credit-card numbers, etc.);
upload content that infringes any copyright, trademark, or other intellectual-property or privacy rights;
upload defamatory, obscene, offensive, pornographic, hateful, or inflammatory material;
upload material designed to provoke or harass (e.g., trolling, bullying), or anything threatening violence;
upload racist or discriminatory material;
provide answers, responses, comments, opinions, analyses, or advice you are not qualified to give;
or upload anything we deem unacceptable, that restricts or inhibits anyone else’s use of the Services, or that exposes us or our users to harm or liability.
We reserve the right to remove or disable access to any content at any time, with or without notice and for any reason (including, but not limited to, violations of these Terms or if we deem the content harmful). Automated systems may analyze your content (including emails) to provide product features such as customized search results, targeted ads, and spam/malware detection. This analysis occurs when content is sent, received, and stored.
Intellectual Property
All content provided in the Services (including webpages, text, images, audio, and video) is owned by or licensed to TextureNoise Inc. Content you generate through your use of the Services remains yours or your licensors’, as applicable. All intellectual-property rights in and to the Services are protected by applicable laws and may not be used or exploited without the prior written permission of TextureNoise Inc., the user, or the relevant rights holder.
Content
To use TextureNoise software, you must log in with an email address or Google account to comply with real-name registration laws. If you do not provide a phone number, we may be unable to offer the Service. You may optionally add an email address as a login credential. Visiting the TextureNoise website alone does not require registration or the above information.
With your explicit consent, when you use “one-click login,” our carrier partner will send a 6-digit verification code to your email to provide quick access. Phone numbers are sensitive personal data; if you refuse to provide one, you can still register or log in via other methods.
Users may upload, post, or transmit content (text, photos, models, etc.) and may extract portions of other users’ content to create new works collaboratively. Whenever you use features allowing uploads, transmissions, or interactions, you must follow the standards in Section 5. Not all features are available to all users, and we are not liable for restricting access to any feature.
Disclaimer of Warranties
Nothing in these Terms limits any non-waivable statutory consumer rights.
THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
that the Services will meet your requirements;
that the Services will be uninterrupted, timely, secure, or error-free;
that any information obtained through the Services will be accurate or reliable;
that any defects in software provided as part of the Services will be corrected.
Except as expressly set out in these Terms, all conditions, warranties, or other terms (including any implied terms of satisfactory quality, fitness for a particular purpose, or compliance with description) are excluded to the fullest extent permitted by law. We may change, suspend, withdraw, or restrict the availability of the whole or any part of the platform at any time without notice for business or operational reasons.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for:
(I) any loss of profit (direct or indirect);
(II) any loss of goodwill;
(III) any loss of opportunity;
(IV) any loss of data; or
(V) any indirect or consequential loss.
Any other loss will be limited to the amount you paid to TextureNoise in the 12 months preceding the claim.
We are not liable for any loss or damage arising from:
your reliance on the completeness, accuracy, or existence of any advertising or your relationship or transaction with any advertiser or sponsor;
any changes we make to the Services or the permanent or temporary cessation of the Services (or any feature);
the deletion, corruption, or failure to store any content or communications data maintained or transmitted through your use of the Services;
your failure to provide accurate account information; or
your failure to keep your password or account details secure and confidential.
Our platform is provided for domestic and private use only. You agree not to use it for any commercial or business purposes, and we have no liability to you for any business losses.
If defective digital content we supply damages your device or digital content and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. We are not liable if the damage could have been avoided by applying an update we offered free of charge or if the damage was caused by you.
You are responsible for any mobile charges (including SMS and data fees) that may apply to your use of the Services. If you are unsure what those charges may be, ask your service provider before using the Services.
To the fullest extent permitted by law, any dispute between you and any third party arising out of your use of the Services (including carriers, copyright owners, or other users) shall be resolved directly between you and that third party, and you irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Miscellaneous
Open-Source. The platform includes certain open-source software governed by the applicable open-source licenses, available in our “Open-Source Policy.”
Entire Agreement. These Terms constitute the entire legal agreement between you and TextureNoise Inc. governing your use of the Services and supersede all prior agreements.
No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision or right.
Severability. If any provision of these Terms is held invalid by a court of competent jurisdiction, that provision shall be removed without affecting the remaining provisions, which shall remain in full force and effect.
Counter-Notice. If our designated agent receives a counter-notification regarding alleged IP infringement, we may send a copy to the original complainant and may, in our discretion, restore the removed content within 10 business days (or longer) unless the complainant seeks court action. Submitting a counter-notification may result in legal proceedings between you and the complainant. False or malicious counter-notices may have adverse legal consequences.
California Consumer Rights Notice. Pursuant to Cal. Civ. Code § 1789.3, California users may contact the California Department of Consumer Affairs at https://www.dca.ca.gov/about_us/contactus.shtml. California residents under 18 may request removal of content they posted by emailing TextureNoise@outlook.com with the subject line “California Removal Request” and sufficient information for us to locate the content. We do not accept such requests by postal mail, phone, or fax and are not responsible for improperly labeled or incomplete requests.
Dispute Resolution
If a dispute arises under these Terms, we will first attempt informal resolution. The party raising the dispute must notify the other party, who then has 60 days to respond. If the dispute is not resolved within that period (or within 30 days after a response is given, whichever is earlier), either party may initiate legal proceedings.
These Terms and any claim, cause of action, or dispute arising out of or related to them shall be governed by the laws of the State of California, without regard to conflict-of-law provisions. Any claim or dispute shall be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of Los Angeles County, California, and you consent to the jurisdiction of such courts.
Contact Us
Email us at: TextureNoise@outlook.com
Our Relationship
Welcome to TextureNoise products and services, provided by TextureNoise Inc. and its affiliates (“we,” “us,” or “our”).
These Terms of Use (“Terms”) govern the relationship between you and us and form a legally binding agreement that sets out the conditions under which you may access and use our platform, websites, services, applications, products, and content (collectively, the “Services”). Access to certain Services or features may be age-restricted. The Services are for personal, non-commercial use only.
The Terms constitute a legally binding agreement between you and us. Please read them carefully. If you are under 18, you may use the Services only with the consent of a parent or legal guardian who must review and discuss these Terms with you.
Acceptance of the Terms
By accessing or using the Services, you confirm that you can enter into a binding contract, accept these Terms, and agree to be bound by them. Your use of the Services is also governed by our Privacy Policy, which is accessible on the platform. By using the Services you agree to the Privacy Policy.
Any access to or use of the Services will be deemed acceptance of this agreement.
Changes to the Terms
We may revise these Terms from time to time (e.g., when we update Service features, consolidate multiple apps, or respond to regulatory changes). We will use commercially reasonable efforts to notify users of material changes—typically via the platform—but you should periodically review the Terms for updates. The “Effective” date at the top will always reflect the latest version. Continued use after the new effective date constitutes acceptance; if you do not agree, you must stop using the Services.
Your Account
To access certain Services you must create an account with accurate, up-to-date information.
You must keep your password confidential and not disclose it to any third party. If you believe someone else knows your password or has accessed your account, notify us immediately at TextureNoise@outlook.com.
You are solely responsible for all activity that occurs under your account.
We may disable your account at any time, with or without notice, if you violate these Terms or if we determine, in our sole discretion, that your account could cause harm to the Services, other users, or third parties, or violate applicable law.
If you wish to terminate your account, email TextureNoise@outlook.com. Once deleted, your account cannot be reactivated and any content or information added by you will not be recoverable.
Your Access to and Use of the Services
Your use of the Services must comply with these Terms and all applicable laws and regulations. You must not:
access or use the Services if you are unable or legally incapable of accepting these Terms or if you lack parental/guardian consent;
copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Services or any portion thereof, or attempt to discover source code, algorithms, methods, or techniques embodied in the Services;
distribute, license, transfer, or sell the Services or any derivative works;
use the Services for any commercial or unauthorized purpose, including advertising, solicitation, or spam;
interfere with or disrupt the operation of the Services, our websites, or any connected networks, or circumvent any access restrictions;
incorporate the Services or any portion thereof into any other program or product;
use automated scripts to collect information or interact with the Services;
impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
intimidate, harass, or transmit pornographic, violent, or discriminatory content based on race, gender, religion, nationality, disability, sexual orientation, or age;
use or attempt to use another user’s account, service, or system without authorization, or create false identities;
use the Services in ways that create conflicts of interest or undermine the Services’ purpose (e.g., trading reviews or soliciting fake reviews);
upload, transmit, distribute, store, or otherwise provide files containing viruses, trojans, worms, logic bombs, or other malicious or harmful technologies;
send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or similar solicitations;
post any third-party private information (addresses, phone numbers, email addresses, government ID numbers, credit-card numbers, etc.);
upload content that infringes any copyright, trademark, or other intellectual-property or privacy rights;
upload defamatory, obscene, offensive, pornographic, hateful, or inflammatory material;
upload material designed to provoke or harass (e.g., trolling, bullying), or anything threatening violence;
upload racist or discriminatory material;
provide answers, responses, comments, opinions, analyses, or advice you are not qualified to give;
or upload anything we deem unacceptable, that restricts or inhibits anyone else’s use of the Services, or that exposes us or our users to harm or liability.
We reserve the right to remove or disable access to any content at any time, with or without notice and for any reason (including, but not limited to, violations of these Terms or if we deem the content harmful). Automated systems may analyze your content (including emails) to provide product features such as customized search results, targeted ads, and spam/malware detection. This analysis occurs when content is sent, received, and stored.
Intellectual Property
All content provided in the Services (including webpages, text, images, audio, and video) is owned by or licensed to TextureNoise Inc. Content you generate through your use of the Services remains yours or your licensors’, as applicable. All intellectual-property rights in and to the Services are protected by applicable laws and may not be used or exploited without the prior written permission of TextureNoise Inc., the user, or the relevant rights holder.
Content
To use TextureNoise software, you must log in with an email address or Google account to comply with real-name registration laws. If you do not provide a phone number, we may be unable to offer the Service. You may optionally add an email address as a login credential. Visiting the TextureNoise website alone does not require registration or the above information.
With your explicit consent, when you use “one-click login,” our carrier partner will send a 6-digit verification code to your email to provide quick access. Phone numbers are sensitive personal data; if you refuse to provide one, you can still register or log in via other methods.
Users may upload, post, or transmit content (text, photos, models, etc.) and may extract portions of other users’ content to create new works collaboratively. Whenever you use features allowing uploads, transmissions, or interactions, you must follow the standards in Section 5. Not all features are available to all users, and we are not liable for restricting access to any feature.
Disclaimer of Warranties
Nothing in these Terms limits any non-waivable statutory consumer rights.
THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
that the Services will meet your requirements;
that the Services will be uninterrupted, timely, secure, or error-free;
that any information obtained through the Services will be accurate or reliable;
that any defects in software provided as part of the Services will be corrected.
Except as expressly set out in these Terms, all conditions, warranties, or other terms (including any implied terms of satisfactory quality, fitness for a particular purpose, or compliance with description) are excluded to the fullest extent permitted by law. We may change, suspend, withdraw, or restrict the availability of the whole or any part of the platform at any time without notice for business or operational reasons.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for:
(I) any loss of profit (direct or indirect);
(II) any loss of goodwill;
(III) any loss of opportunity;
(IV) any loss of data; or
(V) any indirect or consequential loss.
Any other loss will be limited to the amount you paid to TextureNoise in the 12 months preceding the claim.
We are not liable for any loss or damage arising from:
your reliance on the completeness, accuracy, or existence of any advertising or your relationship or transaction with any advertiser or sponsor;
any changes we make to the Services or the permanent or temporary cessation of the Services (or any feature);
the deletion, corruption, or failure to store any content or communications data maintained or transmitted through your use of the Services;
your failure to provide accurate account information; or
your failure to keep your password or account details secure and confidential.
Our platform is provided for domestic and private use only. You agree not to use it for any commercial or business purposes, and we have no liability to you for any business losses.
If defective digital content we supply damages your device or digital content and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. We are not liable if the damage could have been avoided by applying an update we offered free of charge or if the damage was caused by you.
You are responsible for any mobile charges (including SMS and data fees) that may apply to your use of the Services. If you are unsure what those charges may be, ask your service provider before using the Services.
To the fullest extent permitted by law, any dispute between you and any third party arising out of your use of the Services (including carriers, copyright owners, or other users) shall be resolved directly between you and that third party, and you irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Miscellaneous
Open-Source. The platform includes certain open-source software governed by the applicable open-source licenses, available in our “Open-Source Policy.”
Entire Agreement. These Terms constitute the entire legal agreement between you and TextureNoise Inc. governing your use of the Services and supersede all prior agreements.
No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision or right.
Severability. If any provision of these Terms is held invalid by a court of competent jurisdiction, that provision shall be removed without affecting the remaining provisions, which shall remain in full force and effect.
Counter-Notice. If our designated agent receives a counter-notification regarding alleged IP infringement, we may send a copy to the original complainant and may, in our discretion, restore the removed content within 10 business days (or longer) unless the complainant seeks court action. Submitting a counter-notification may result in legal proceedings between you and the complainant. False or malicious counter-notices may have adverse legal consequences.
California Consumer Rights Notice. Pursuant to Cal. Civ. Code § 1789.3, California users may contact the California Department of Consumer Affairs at https://www.dca.ca.gov/about_us/contactus.shtml. California residents under 18 may request removal of content they posted by emailing TextureNoise@outlook.com with the subject line “California Removal Request” and sufficient information for us to locate the content. We do not accept such requests by postal mail, phone, or fax and are not responsible for improperly labeled or incomplete requests.
Dispute Resolution
If a dispute arises under these Terms, we will first attempt informal resolution. The party raising the dispute must notify the other party, who then has 60 days to respond. If the dispute is not resolved within that period (or within 30 days after a response is given, whichever is earlier), either party may initiate legal proceedings.
These Terms and any claim, cause of action, or dispute arising out of or related to them shall be governed by the laws of the State of California, without regard to conflict-of-law provisions. Any claim or dispute shall be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of Los Angeles County, California, and you consent to the jurisdiction of such courts.
Contact Us