Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials (information or software) on The Digital Texan’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on The Digital Texan’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other website or server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Digital Texan at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Proprietary Rights in Content
The Digital Texan does not claim any ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that you post to the Service (collectively, “Registered User Content”). After posting Registered User Content to the Service, you continue to retain all ownership rights in such Registered User Content, and you continue to have the right to use your Registered User Content in any way you choose. By displaying or publishing (“posting”) any Registered User Content on or through the Service, you hereby grant to The Digital Texan a perpetual, non-exclusive, fully-paid, royalty-free, fully sublicensable, transferable, irrevocable worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of and distribute such Registered User Content (in whole or in part). You also permit any User to access, display, view, store and reproduce such Registered User Content for personal use.
The license you grant to The Digital Texan is non-exclusive (meaning you are free to license your Registered User Content to anyone else in addition to The Digital Texan), fully-paid and royalty-free (meaning that The Digital Texan is not required to pay you for the use on the Service of the Registered User Content that you post), sublicensable (so that The Digital Texan is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), transferable (meaning that we may transfer it to a third party), irrevocable (meaning that you may not revoke or rescind such license for any reason) and worldwide (because the Internet is and the Service may be global in reach).
The materials on The Digital Texan’s web site are provided “as is”. The Digital Texan makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Digital Texan does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Digital Texan. Unauthorized use of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. You agree that you will use the Website and Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by us;
- upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
- prevent others from using the Website; or
- use the Website for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Digital Texan reserves the right, but shall have no obligation, to investigate your use of the Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request, and reserves the right to take legal action for any illegal or unauthorized use of the Service.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Service. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; unauthorized advertising to, or solicitation of, any User to buy or sell any products or services through the Service; covering or obscuring the banner advertisements on your personal profile page, or any page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service; attempting to impersonate another User or person; using the account, username, or password of another User at any time; using any information obtained from the Service in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person; holding yourself out as sponsored by, endorsed by or affiliated with The Digital Texan; use the Service for making available Content that is harmful to minors in any way; or using the Service in a manner inconsistent with any and all applicable laws and regulations.
Consent to Receive Commercial E-mail
By voluntarily submitting your email address and any other personal information to the Website, you become a Registered User. By and as a condition of becoming a Registered User of the Website, you consent to receive commercial e-mail messages from or on behalf of The Digital Texan and our partners, and acknowledge and agree that your primary email addresses and other personal information may be used by The Digital Texan for the purpose of initiating commercial e-mail messages. You may notify The Digital Texan at any time via email that you wish to and no longer wish to receive commercial e-mail messages. To be remove yourself from such messages you must either use the “Unsubscribed” option that may be listed in such emails or by sending an email to: firstname.lastname@example.org.
The Digital Texan reserves the right to send system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages to all Registered Users. Registered Users cannot unsubscribe from these administrative messages while they are Registered Users.
In no event shall The Digital Texan or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Digital Texan’s Website, even if The Digital Texan or a The Digital Texan authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify and hold The Digital Texan, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Service causes The Digital Texan to be liable to another.
Limitation on Liability
In no event shall The Digital Texan be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from the products or your use of the service, even if The Digital Texan has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Digital Texan’s aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited $50. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The warranty disclaimers and limitations of liability set forth in this Agreement shall apply irrespective of any failure of essential purpose of any limited remedy.
Disputes Among Users
You are solely responsible for your interactions with other Users. The Digital Texan reserves the right, but has no obligation, to monitor disputes between you and other Users.
Revisions and Errata
The materials appearing on The Digital Texan’s web site could include technical, typographical, or photographic errors. The Digital Texan does not warrant that any of the materials on its web site are accurate, complete, or current. The Digital Texan may make changes to the materials contained on its web site at any time without notice. The Digital Texan does not, however, make any commitment to update the materials.
The Digital Texan has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Digital Texan of the Website. Use of any such linked website is at the user’s own risk.
Fees for Service
You acknowledge that The Digital Texan reserves the right to charge for the Service (or aspects thereof) and to change its fees from time to time in its discretion. You also acknowledge that The Digital Texan reserves the right to change or discontinue the Service at any time without notice to you, and that The Digital Texan shall not be liable to you or any third party should The Digital Texan exercise its right to change or discontinue the Service.
No refunds are given for donations.
Any claim relating to The Digital Texan’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
The Digital Texan shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of User access to the Website shall be final and binding. he Digital Texan reserves the right to exercise any legal remedy to recover damages for a breach or contravention of the terms hereof. If there is any dispute about or involving the Products or the Service, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the City of Austin, Texas. Either The Digital Texan or you may demand that any dispute between us about or involving the Service must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent he Digital Texan from seeking injunctive relief in a court of competent jurisdiction.
By navigating our Website, you agree to the terms of this Agreement.