Terms and Conditions
Please read
this User Agreement before using this Service. By continuing to use
TheTexasBlue.com, you agree to abide by the conditions of this User
Agreement.
THETEXASBLUE.COM SERVICE USER AGREEMENT
1. Welcome to
TheTexasBlue.com (“TB”, “Service” or “we”).
By using this Service, you agree to be bound by all of the terms of
this Agreement (the “User Agreement”). We reserve the
right to change the terms of this User Agreement or to modify any
features of this Service at any time without notice to you, and you
agree to be bound by such changes. Any changes to this User Agreement
shall become a part of this User Agreement and shall apply as soon as
they are posted. The most current version of the User Agreement can
be viewed at any time at: TheTexasBlue.com. Your use of this Service
constitutes your agreement to all such terms, conditions and
policies. Unless explicitly stated otherwise, any new features or
functionality (including, without limitation, video, audio and
related projects) that augment or enhance the Service, shall be
subject to this User Agreement.
2. TB reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that TB shall not be liable to you or any
third party for any modification, suspension or discontinuance of the
Service.
3. This Service
(including, without limitation, text, photographs, graphics, video
and audio content) is protected by copyright as a collective work or
compilation under the copyright laws of the United States and other
countries, and TB (subject to the rights of its licensors and
licensees under applicable agreements, understandings and
arrangements) has rights therein. All individual articles, videos,
content and other elements comprising this Service are also
copyrighted works, and TB (subject to the rights of its licensors and
licensees under applicable agreements, understandings and
arrangements) has rights therein. You must abide by all additional
copyright notices or restrictions contained in this Service. By
posting or submitting content on or to the Service (regardless of the
form or medium with respect to such content, whether text, videos,
photographs, audio or otherwise, including forms of media not yet
imagined, used, or invented), you are giving TB, and its affiliates,
agents and third party contractors the right to display or publish
such content on the Service and its affiliated publications (either
in the form submitted or in the form of a derivative or adapted
work), to store such content, and to distribute such content and use
such content for promotional and marketing purposes. Without limiting
the generality of the foregoing, with respect to any submissions to
TB made by you from time to time, you understand and agree that
(unless you and we agree otherwise) TB may, or may permit users to,
based solely on functionality provided and enabled by the TB website,
compile, re-edit, adapt or modify your submission, or create
derivative works therefrom, either on a stand-alone basis or in
combination with other submissions, and (unless you and we agree
otherwise) you shall have no rights with respect thereto and TB or
its licensees shall be free to display and publish the same (as so
compiled, re-edited, adapted, modified or derived) for any period.
You shall be
solely responsible for your own submissions and the consequences of
posting or publishing them. In connection with each of your
submissions, you affirm, represent, and/or warrant that: (i) you own
or have the necessary licenses, rights, consents, and permissions to
use and authorize TB to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all such
submissions to enable inclusion and use of such submissions in the
manner contemplated by TB and this User Agreement; and (ii) you have
the written consent, release, and/or permission of each and every
identifiable individual person in such submissions to use the name or
likeness of each and every such identifiable individual person to
enable inclusion and use of such submissions in the manner
contemplated by TB and this User Agreement. In furtherance of the
foregoing, you agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant TB all of the rights
granted herein; (ii) publish falsehoods or misrepresentations that
could damage TB or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; or
(iv) post advertisements or solicitations of business.
TB reserves the
right to remove or not publish submissions without prior notice.
4. If you are a
copyright owner or agent thereof and believe that User Content
infringes upon your copyright, please submit notice, pursuant to the
Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our
Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) the URL of the location
containing the material that you claim is infringing; (iv) your
address, telephone number, and email address; (v) a statement by you
that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright
Agent can be reached as follows: By mail:
THETEXASBLUE.COM
Attn: Karl Lynch
121 W. Hickory Street
Denton, Texas
76201
By phone:
(940) 243-5738
By
fax: (940) 383-0488
By email: KARL@THETEXASBLUE.COM
Please note that
attachments cannot be accepted at the email address for security
reasons. Accordingly, any notification of infringement submitted
electronically with an attachment will not be received or processed.
5. (a) Unless
expressly permitted, you may not copy, reproduce, distribute,
publish, enter into a database, display, perform, modify, create
derivative works, transmit, or in any way exploit any part of this
Service, except as permitted under the last sentence of this Section
5(a) and except that you may make print copies that are limited to
occasional articles of personal interest only. Without limiting the
generality of the foregoing (but subject to the last sentence of this
Section 5(a)), you may not distribute any part of this Service over
any network, including, without limitation, a local area network, nor
sell or offer it for sale. In addition, these files may not be used
to construct any kind of database. Just as TB from time to time
excerpts materials from other sources in order to support the various
commentaries and writings contained herein, we respect the right of
others to make “fair use” of the materials contained on
TB; accordingly, you may from time to time excerpt and use materials
set forth on this site, provided, that you must give the original
author credit and such use must be for a non-commercial purpose only
and not, for example, for re-sale.
(b) We are
concerned about the integrity of our Service when it is viewed in a
setting created by a third party that includes advertising or other
materials that we have not authorized to be displayed with our
Service. Neither you nor any third party shall make use of the
contents of the Service in any manner that constitutes an
infringement of our rights, including copyright or that has not been
authorized by us.
6. You agree to
indemnify and hold harmless TB and its affiliates, and their
respective members, directors, officers, managers, employees,
shareholders, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation by you of this Agreement. We
reserve the right to take over the exclusive defense of any claim for
which we are entitled to indemnification under this Section. In such
event, you shall provide us with such cooperation as is reasonably
requested by us.
7. THIS SERVICE
IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS,
INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER
MATERIALS AVAILABLE THROUGH THIS SERVICE. WE DO NOT MAKE ANY
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR
ADVERTISED OR SOLD THROUGH THIS SERVICE. WE DO NOT MAKE ANY
REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS,
TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS
SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE RESERVE THE
RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE
INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF
VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE
MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS
SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT
CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES
OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SERVICE
AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT
YOUR OWN RISK.
THIS SERVICE MAY
CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL
PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA,
STOCK QUOTES OR OTHER INFORMATION CREATED BY TB OR BY THIRD-PARTIES.
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS
OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE
MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT.
ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR
REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT
ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY
OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY
ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY
TB AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. We are not
responsible for the availability or content of other services that
may be linked to this Service. Because we have no control over such
services, you acknowledge and agree that we are not responsible for
the availability of such external services, and that we do not
endorse and are not responsible or liable for any content, accuracy,
quality, advertising, products or other materials on or available
from such services. You further acknowledge and agree that TB 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 the
use of or reliance on any content, goods or services available on or
through such services.
9. TB and its
affiliates, and their respective members, directors, officers,
managers, employees, shareholders, agents and licensors are not
liable for incidental, indirect, consequential, special, punitive, or
exemplary damages of any kind, including, without limitation, lost
revenues or profits, loss of business or loss of data, in any way
related to this Service or for any claim, loss or injury based on
errors, omissions, interruptions or other inaccuracies in this
Service (including, without limitation, as a result of breach of any
warranty or other term of this Agreement). Any claim against us shall
be limited to the amount you paid, if any, for use of this Service.
10. This
Agreement may be terminated by either party for any reason at any
time. Sections 3 through 9 of this Agreement shall survive such
termination.
11. This
Agreement shall be governed by the laws of the United States and the
State of Texas, applicable to agreements made and to be performed
therein without regard to conflict of laws principles. BY CONTINUING
TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS
AGREEMENT.
