Background. Viva South Texas, managed by White Coyote Productions, a Texas corporation ("Viva South Texas," "our," "us," or "we") provides a Web-based service centered around the Web site www.vivasouthtexas.com (the "Web site") (the "Service") that allow Users (defined below) to obtain and/or share information, among other things. The Service includes the Web site and any other features, content, Web sites or applications offered from time-to-time by Viva South Texas in connection with the Web site. Please e-mail firstname.lastname@example.org with any questions regarding this Agreement.
As a “Visitor” and by using or accessing those elements of the Service to which you have access, you are bound by the terms above and the section of this Agreement that is identified as applicable to all Users.
As a User you are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the provision of this Agreement that are applicable to you. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Web site and discontinue use of the Service immediately.
Modifications. Viva South Texas may modify the terms of this Agreement relating to the Service from time-to-time. Any such modification shall be effective when Viva South Texas notifies you of the modification (either via e-mail or via a notice given during a Web site visit) and you subsequently use the Service.
Eligibility. Use of the Service is void where prohibited. By using the Service, you represent and warrant that (a) your use of the Service does not violate any applicable law or regulation; and (b) you are an individual, not a corporation or other business entity. You acknowledge that Viva South Texas may refuse to allow you to access the Service, and may restrict, modify, or terminate your access to the Service, without liability, for its convenience, if you violate this Agreement or any law, rule, or regulation, or if your participation could violate any applicable law, rule, or regulation.
Fees for Service. You acknowledge that Viva South Texas 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 Viva South Texas reserves the right to change or discontinue the Service at any time without notice to you, and that Viva South Texas shall not be liable to you or any third party should Viva South Texas exercise its right to change or discontinue the Service.
Our Content. The Service contains content of Viva South Texas or our licensors ("Our Content.") ("Our Content" and "Member Content" (defined below) is collectively referred to as the "Content"). Our Content is protected by copyright, trademark and other laws and Viva South Texas (or our licensors) owns and retains all rights in Our Content and the Service. Viva South Texas hereby grants you a non-exclusive, non-sublicensable, nontransferable, revocable, limited license to reproduce and display Our Content (excluding any software code) solely for your personal use in connection with viewing the Web site and using the Service in accordance herewith. Viva South Texas does not grant you any other licenses, express or implied, to the intellectual property of Viva South Texas or its licensors, including to Our Content, and you may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of Our Content.
Viva South Texas assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time Viva South Texas chooses, in its sole discretion, to monitor the Service, Viva South Texas nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member(s) submitting any such Content. Content is not necessarily reviewed by Viva South Texas prior to posting and does not necessarily reflect the opinions or policies of Viva South Texas.
Despite the prohibitions contained herein, Content provided by Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. We expressly disclaim any responsibility or liability for this material and make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information transmitted via the Service. If you become aware of misuse of the Service by any person, please contact Viva South Texas at email@example.com and reference "Service Abuse" in the subject line.
Use Restrictions. 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 Viva South Texas. Unauthorized use of the Service, including collecting usernames and/or e-mail addresses of Users by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Web site is prohibited. You agree that you will use the Web site 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: (i) use the Web site 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; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Web site; or (iv) use the Web site 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. Viva South Texas reserves the right, but shall have no obligation, to investigate your use of the Web site 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.
Prohibited Activities. The following is a partial list of the kind of activity that is illegal or prohibited on the Web site 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 Visitor buy or sell any products or services through the Service; covering or obscuring the banner advertisements, 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 Member or person; using the account, username, or password of another Member 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 Viva South Texas; 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.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide 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 interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and primary e-mail address; (v) a written 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; and (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.
Send any notices of suspected Copyright Infringement issues to firstname.lastname@example.org and reference "Copyright Issues" in the subject line.
Disputes Among Users. You are solely responsible for your interactions with other Users. Viva South Texas reserves the right, but has no obligation, to monitor disputes between you and other Users.
Disclaimers Regarding the Service. Viva South Texas is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. The Web site may contain links to other Web sites. Viva South Texas is not responsible for the content, accuracy or opinions expressed on such Web sites, and such Web sites are in no way investigated, monitored or checked for accuracy or completeness by Viva South Texas. Inclusion of any linked Web site on the Service does not imply our approval or endorsement of the linked Web site. When you access these third-party sites, you do so at your own risk. Viva South Texas takes no responsibility for third party advertisements which are posted on the Web site or through the Service. Your correspondence with or participation in our advertisers’ and partners’ promotions are solely between you and the advertiser or partner and may be subject to terms and conditions. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion. Viva South Texas is not responsible for the conduct, whether online or offline, of any User of the Service. Viva South Texas assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Viva South Texas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on the Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service.
Disclaimer of Warranties. VIVA SOUTH TEXAS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. VIVA SOUTH TEXAS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE, RETRIEVABLE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability. IN NO EVENT SHALL VIVA SOUTH TEXAS 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 VIVA SOUTH TEXAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIVA SOUTH TEXAS’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.
U.S. Export Controls. Any software available in connection with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any Software is at your sole risk. The Software may be subject to export laws and other regulations in the United States or other countries, and you agree to comply with all such laws, regulations, or requirements as may apply to your receipt, export, or use of the Product. You agree to indemnify Viva South Texas for any liability resulting from your failure to comply with applicable export laws, regulations, or requirements.
Disputes with Viva South Texas. Viva South Texas 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 Laredo, Texas.
Refunds. No refunds are given for donations.
Term. This Agreement shall remain in full force and effect while you use the Service.
Other. This Agreement constitutes the entire agreement between you and Viva South Texas regarding the Service. In the event of a conflict between this Agreement and any terms presented to you in connection with your utilization of a particular functionality (e.g. downloading software, making a purchase, or making a donation), the terms presented at such time shall prevail. The failure of Viva South Texas to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. "Viva South Texas" and "Texas Weekly" are trademarks of Viva South Texas. This Agreement operates to the fullest extent permissible by law. Viva South Texas may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Viva South Texas, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Consent to Receive Commercial E-mail. BY AND AS A CONDITION OF YOUR REQUEST TO RECEIVE UPDATES, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF VIVA SOUTH TEXAS AND OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY E-MAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY VIVA SOUTH TEXAS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. You may change the settings in the subscriber profile section of the Web site to discontinue receipt of e-mail, or if that option is unavailable, you may e-mail the webmaster at email@example.com. Viva South Texas reserves the right to send system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages to all subscribers ("Administrative Messages").
Prohibited Content. Please choose carefully the information you post on the Web site and that you provide to other Users. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service. Viva South Texas reserves the right to investigate and take appropriate legal action against anyone who, in Viva South Texas’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Viva South Texas: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult Web site; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or e-mail addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photos or links to pirated files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent.
Indemnity. You agree to indemnify and hold White Coyote Productions, Viva South Texas, 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 Web site or through the Service causes Viva South Texas to be liable to another.
By navigating our site, Visitors, Users, Members and Non-Members agree to the terms of this Agreement.