Background. The Texas Tribune, Inc., a Texas non-profit corporation ("The Texas Tribune," "our," "us," or "we") provides a web-based service centered around the website www.texastribune.org (the "Website") (the "Service") that allow Users (defined below) to obtain and/or share information, among other things. The Service includes the Website and any other features, content, websites or applications offered from time to time by The Texas Tribune in connection with the Website. Please contact us at: 512-716-8600 with any questions regarding this Agreement.
If you are simply a visitor to the Website and have not become a Member (defined below), then you are referred to herein 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.
If you wish to wish to use certain features of the Service, including without limitation participating in the comments features, otherwise contributing content, or making a donation, then you must become a "Member." To become a member, you must read this Agreement and complete your registration as a Member, and thereby agreeing to be bound by the terms above, the section of this Agreement that is identified as applicable to Members and the section of this Agreement that is identified as applicable to Users.
Whether you are a Visitor or a Member, 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 Website and discontinue use of the Service immediately.
Modifications. The Texas Tribune may modify the terms of this Agreement relating to the Service from time to time. Any such modification shall be effective when The Texas Tribune notifies you of the modification (either via email or via a notice given during a Website 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 The Texas Tribune 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 The Texas Tribune 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 Texas Tribune reserves the right to change or discontinue the Service at any time without notice to you, and that The Texas Tribune shall not be liable to you or any third party should The Texas Tribune exercise its right to change or discontinue the Service.
Our Content. The Service contains content of The Texas Tribune 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, patent, trade secret and other laws, and The Texas Tribune (or our licensors) owns and retains all rights in Our Content and the Service. The Texas Tribune 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 Website and using the Service in accordance herewith. The Texas Tribune does not grant you any other licenses, express or implied, to the intellectual property of The Texas Tribune 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, unless you are a Member, and even then only as expressly permitted herein under "Syndication."
The Texas Tribune assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time The Texas Tribune chooses, in its sole discretion, to monitor the Service, The Texas Tribune 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 The Texas Tribune prior to posting and does not necessarily reflect the opinions or policies of The Texas Tribune.
Despite the prohibitions contained herein, Content provided by Members 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 The Texas Tribune at firstname.lastname@example.org 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 The Texas Tribune. 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: (i) 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; (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 Website; or (iv) 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 Texas Tribune 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.
Prohibited Activities. 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 Member 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 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 The Texas Tribune; 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 email 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 email@example.com and reference "Copyright Issues" in the subject line.
Disputes Among Users. You are solely responsible for your interactions with other Users. The Texas Tribune reserves the right, but has no obligation, to monitor disputes between you and other Users.
Disclaimers Regarding the Service. The Texas Tribune is not responsible for any incorrect or inaccurate Content posted on the Website 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 Website may contain links to other websites. The Texas Tribune is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The Texas Tribune. Inclusion of any linked website on the Service does not imply our approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. The Texas Tribune takes no responsibility for third party advertisements which are posted on the Website 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. The Texas Tribune is not responsible for the conduct, whether online or offline, of any User of the Service. The Texas Tribune 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 or Member communication. The Texas Tribune 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 email 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. THE TEXAS TRIBUNE 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. THE TEXAS TRIBUNE 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 THE TEXAS TRIBUNE 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 TEXAS TRIBUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TEXAS TRIBUNE’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 The Texas Tribune for any liability resulting from your failure to comply with applicable export laws, regulations, or requirements.
Disputes with The Texas Tribune. The Texas Tribune 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 Membership shall be final and binding. The Texas Tribune 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 Texas Tribune 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 The Texas Tribune from seeking injunctive relief in a court of competent jurisdiction.
Refunds. No refunds are given for donations.
Term. This Agreement shall remain in full force and effect while you use the Service (if you are a Visitor) or while you are a Member (if you are a Member). Even after this Agreement is terminated, the restrictions contained herein will remain in effect. If you are a Member, (i) you may terminate your Membership at any time, for any reason, by following the instructions found in the Member profile area of the Website or by notifying The Texas Tribune at firstname.lastname@example.org, and (ii) The Texas Tribune may delete your profile and terminate your Membership at any time, without warning and without liability of any kind. Membership will terminate immediately in the event of a Member’s death. If you are a member and your Membership is terminated for any reason, you may not create a new Membership during the six month period following such termination.
Other. This Agreement constitutes the entire agreement between you and The Texas Tribune 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 The Texas Tribune 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. "The Texas Tribune" and "Texas Weekly" are trademarks of The Texas Tribune. This Agreement operates to the fullest extent permissible by law. The Texas Tribune 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 The Texas Tribune, 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.
Password and Account Information. When you sign up to become a Member, you may be asked to choose a password. You alone are responsible for maintaining the confidentiality of any password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Texas Tribune immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your Member account. You agree to promptly notify us of any change in your address (mail or primary email, to the extent provided to us) or personal profile by updating your personal information in the Member profile section of the Website. Your discontinued failure to notify The Texas Tribune of any address (mail or primary email) or profile changes may result in the termination of your Membership. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Selling or otherwise transferring your profile is prohibited.
Additional Member Eligibility Conditions. Membership is void where prohibited. By becoming a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your Membership does not violate any applicable law or regulation; and (d) you are not a Member under another name (in other words, you are limited to one Membership). You acknowledge that The Texas Tribune may refuse to enroll any you as a Member, and may restrict, modify, or terminate your Membership, 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.
Consequences of Inactivity. The Texas Tribune reserves the right to cancel or disable accounts and terminate accounts that are inactive for a period of 180 days or more. "Inactive" shall be defined as failure to log into the Website for a period of 180 days.
Consent to Receive Commercial E-mail. BY AND AS A CONDITION OF BECOMING A MEMBER, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF THE TEXAS TRIBUNE AND OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY THE TEXAS TRIBUNE FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. You may change the settings in the Member profile section of the Website to discontinue receipt of email, but by doing so, your Membership may be terminated. The Texas Tribune reserves the right to send system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages to all Members ("Administrative Messages"). Members cannot unsubscribe from these Administrative Messages while they are Members.
Proprietary Rights in Content. The Texas Tribune 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, "Member Content"). After posting Member Content to the Service, you continue to retain all ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or publishing ("posting") any Member Content on or through the Service, you hereby grant to The Texas Tribune 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 Member Content (in whole or in part). You also permit any User to access, display, view, store and reproduce such Member Content for personal use.
Without the foregoing license, The Texas Tribune would be unable to provide the Service. For example, without the right to modify Member Content, The Texas Tribune would not be able to digitally compress uploaded files that Members submit or otherwise format Member Content to satisfy technical requirements, and without the right to publicly perform Member Content, The Texas Tribune could not allow Users to access files posted by Members. The license you grant to The Texas Tribune is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to The Texas Tribune), fully-paid and royalty-free (meaning that The Texas Tribune is not required to pay you for the use on the Service of the Member Content that you post), sublicensable (so that The Texas Tribune 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).
You represent and warrant that: (i) you own the Member Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Member Content posted by you to or through the Service.
Syndication of Our Content. Subject to the terms and conditions set forth herein, if you are a Member and have agreed to be bound by this Agreement, The Texas Tribune hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license during the term of this Agreement to display and embed reasonable portions of Our Content on your personal website for non-commercial use, provided that (i) you hyperlink back to the page(s) from which you are syndicating Our Content, (ii) you notify us via email to email@example.com that you have exercised this license, and (iii) that you present such portions of Our Content in a manner (as to which we reserve the right to provide reasonable input) such that it is clear that such content is licensed from The Texas Tribune, including customary attributions. If you are not an individual, the foregoing license may not be exercised by you and you must contact firstname.lastname@example.org to inquire about, and execute, a syndication agreement prior to using Our Content.
Member Content Posted. Without liability of any kind, The Texas Tribune may reject, refuse to post, or delete any Member Content (including private messages) that in the sole judgment of The Texas Tribune violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. You are solely responsible for the Member Content that you post on or through the Service, any material or information that you transmit to other Members, and for your interactions with other Users.
Prohibited Content. Please choose carefully the information you post on the Website 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. The Texas Tribune reserves the right to investigate and take appropriate legal action against anyone who, in The Texas Tribune’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 The Texas Tribune: 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 website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email 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 The Texas Tribune, 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 Texas Tribune to be liable to another.
By navigating our site, Member and Non-Members agree to the terms of this Agreement.