Effective : August 16, 2010
he following terms apply to your use of and access to any Texas Lone Star Network (“TLSN”) owned or operated website (“Website”), as well as any electronic transmission sent, received, accessed or stored via any TLSN Network (“Network”), including without limitation TLSN’s telecommunications services, Internet services, and internal email network for communicating with TLSN.
2. Changes to the Terms or Site.
TLSN may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Website. The amended Terms shall be automatically effective upon posting to the Website. Your continued use of the Website after any changes in these Terms shall constitute your acceptance of and consent to the change(s). TLSN reserves the right to change, modify or discontinue, temporarily or permanently, the Website or any portion thereof, including any and all content contained on the Website, at any time without notice. You agree that TLSN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website in whole or in part.
3. General Disclaimer.
This Website has been compiled by TLSN from internal and external sources. While TLSN has attempted to provide accurate information on this Website, no representations are made or warranties given as to the completeness or accuracy of the information on the Website. THIS WEBSITE IS INTENDED SOLELY FOR USE IN THE UNITED STATES OF AMERICA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER OF THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TLSN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCES TO, OR INABILITY TO ACCESS, THIS WEBSITE, EVEN IF TLSN HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
TLSN periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. TLSN shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data that may occur due to system outages,
4. Third Party Products and Services; Linking and Framing.
6. User Communications & Submissions to TLSN; Indemnification.
It is TLSN’s policy that we will not accept or consider submissions of concepts, stories or potential content. Therefore, please do not send TLSN unsolicited submissions. Any material you send will not be treated as confidential. Further, you agree not to propose, post or submit to TLSN ideas, concepts, copy , proposals, inventions, methods or techniques for new or proposed services or products (collectively, “Submitted Materials”) through the TLSN Site. In the event you do so, you hereby grant to TLSN a perpetual, worldwide, irrevocable, unrestricted, royalty- free, non-exclusive license to all Submitted Materials in any manner whatsoever without any compensation or attribution to you. You also grant to TLSN the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that TLSN is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You further agree that you have no recourse against TLSN for any alleged or actual infringement or misappropriation of any intellectual property right in or to the Submitted Material and that the submission of any Submitted Material to TLSN irrevocably waives any and all “moral rights” in or to such Submitted Materials. You represent or otherwise warrant that you own or otherwise control all rights to the Submitted Material that you post, that the Submitted Material is accurate, and that use of the Submitted Materials you supply does not violate the Terms, does not constitute a breach of any obligation of confidentiality you may have, and does not cause injury to or violate the rights of any person or entity.
You agree to indemnify, defend and hold harmless TLSN and its content and service providers, licensors, suppliers, and affiliates, and each of their respective subsidiaries, affiliates, officers, agents and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of Submitted Material or any other content you submit or send to TLSN via the Website or through any other means, your use of the Website, your connection to our Website, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of any relationship you may have with TLSN or your use of this Website. TLSN reserves the right to assume the defense and control of any matter subject to indemnification by you, in which case you will cooperate with TLSN in asserting any available defenses.
7. COPYRIGHT COMPLAINTS
TLSN respects the intellectual property rights of others. If you believe your work has been copied and has been posted, stored or transmitted to TLSN in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TLSN’s Copyright Contact the following written information:
A description of the copyrighted work that you claim has been infringed;
A specific description of where the material that you claim is infringing is located on the
Your address, telephone number and email address;
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;
A statement by you, made under oath, that the above information in your notice is true and accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TLSN’s Copyright Contract for notice of claims of copyright infringement on the TLSN website can be reached at the following email address: copyright@TLSN.net
7. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF TLSN’S WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, ARE AT YOUR SOLE RISK. OUR WEBSITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITES AND AY SITE- RELATED SERVICE, IS PROVIDED ON AN “AS IS“ AND “AS AVAILABLE” BASIS. TLSN AND ITS AFFILIATES, SPPLIERS, LICENSORS AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
B. TLSN AND ITS AFFILIATES, SPPLIERS, LICENSORS AND OTHER REALTED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES MAKE NO WARRANTY THAT: (i) TLSN’S WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE WEBSITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii)TLSN’S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TLSN’S WEBSITE WILL BE ACCURATE, COMPLETE OR RELIABLE, AND (v) ANY ERRORS IN OUR WEBSITE OR SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR WEBSITE OR SOFTWARE.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TLSN OR THOURGH OUR WEBSITE SHALL CREATE ANY WARRANTY.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TLSN, ITS EMPLOYEES, OFFICER, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, MATERIALS, SOFTWARE, OR INFORMATION OPROVIDEDE ON OR THORUGHT THE WEBSITE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THES WEBSITE OR CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE WEBSITE; (iii)THE COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM OUR WEBSITE, IF ANY; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERORISM, NONPPERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF TLSN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
10. Intellectual Property Rights.
Services, technology, and/or processes referenced and described in this Website are the subject of intellectual property rights reserved by TLSN or its suppliers and Members, including without limitation certain patent and trademark rights. Nothing contained in this Website or these Terms shall be construed as conferring to you personally, or to your organization in any manner, whether by implication, estoppel or otherwise, any license, title, interest or ownership of or to ay intellectual property right or interest of TLSN or its suppliers or Members.
11. Use Restrictions.
The copyright in all material provided on this Website is held by Dell or by its licensors or suppliers. Except as stated here, none of the material may be copied, reproduced, distributed, re-published, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TLSN or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without TLSN’s permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
12. U.S. Government Restricted Rights.
The materials on this Website as well as all TLSN services and publications are commercial in nature. Any materials copied or downloaded from this Website for or on behalf of the United States of America, its agencies or instrumentalities (“U.S. Government”), are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in applicable laws and regulations, including but not limited to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
13. No Waiver; Enforcement.
TLSN’s failure to exercise any right of enforcement occurring upon any event of non-compliance with these Terms shall not impair any such right or power or be construed to be a waiver of such right or provision. Any waiver by TLSN of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach or of any covenant, condition, or agreement contained in these Terms or elsewhere.
14. Governing Law and Jurisdiction; Miscellaneous.
These Terms and access to this Website are governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in the State of Texas. Any legal action or proceeding between TLSN and you for any purpose concerning these Terms or the parties’ obligations here under shall be bought exclusively in a federal or state court of competent jurisdiction sitting in Austin, Travis County, Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. TLSN may assign its rights and duties under this agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without the prior written consent of TLSN. These terms do not provide any third party with a remedy, claim or right of reimbursement. You must file any claim or suite related to our Website within one (1) year after it arises.