SplitsvilleTexas Terms of Use Agreement

Effective Date: October 8, 2008

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE-RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Wright Interactive Media, Inc. ., d/b/a SplitsvilleTexas.com, (collectively, "Wright Media", “SplitsvilleTexas” or "we") operates the following site ("SplitsvilleTexas.com" or "Site"):

  • www.SplitsvilleTexas.com

The Site offers legal information and news, commentaries, research links, professional directories, services for legal professionals, social networking, video programming, and products such as legal books and software. This Agreement applies to these services, plus any other features, content or applications offered from time to time by Wright Media in connection with Wright Media’s business (collectively, the "Wright Media Services" or "Services"). All Wright Media Sites are hosted in the U.S.

In addition to using our Sites and Services, we strongly encourage you to consult an attorney for all serious legal matters.

Please read this Agreement and save it. This Agreement sets forth the terms and conditions for your use of the Wright Media Site or Services. By accessing, visiting, using and/or submitting information to the Sites, you agree to be legally bound by this Agreement and all applicable laws, whether you are a registered member ("Member") or simply a visitor browsing our Sites. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Wright Media site and discontinue use of the Wright Media Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Wright Media Services, you must read and accept the terms of this Agreement. Your use of any one or more of the Sites shall indicate your acceptance to this Agreement.

We reserve the right, at our sole discretion and without notice to you, to change, modify, add and delete portions of these Terms of Use at any time. If we do so, we will post the changes here and will indicate at the top of this page the date these terms were last revised. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued use of the Services or the Wright Media Sites after any such changes means that you accept the new Terms of Use. It is your responsibility to regularly check the Wright Media Sites to determine if there have been changes to these Terms of Use.

Use of Wright Media Sites and Services

By using the Wright Media Services, you represent and warrant that:

  • All registration information you submit is truthful and accurate,
  • You will maintain the accuracy of such information,
  • You are 18 years of age or older, and
  • Your use of Wright Media Services or Sites does not violate any applicable law or regulation.

SplitsvilleTexas.com is not intended to be used by, and is not directed to, anyone less than 18 years of age. If you create a profile on a Wright Media Site (e.g., www.splitsvilletexas.com), and if we discover or have reason to believe that you are under 18 years of age or if you otherwise materially misrepresent your age while using our Sites or Services, we reserve the right to delete your profile, and your membership may be terminated without warning. If we receive a complaint which states that a user is under 13 years of age, we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 ("COPPA").

Consideration and Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of the Site in accordance with our Privacy Policy.

Your Access and Use of SplitsvilleTexas.com

Your right to access and use SplitsvilleTexas.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use SplitsvilleTexas.com for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy.

Your access and use of SplitsvilleTexas.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of SplitsvilleTexas.com or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of SplitsvilleTexas.com and/or any portion or feature of SplitsvilleTexas.com at any time in our sole discretion and without prior notice. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of SplitsvilleTexas.com; or (iii) through the use of SplitsvilleTexas.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use SplitsvilleTexas.com.

Account Security

If you sign up to become a Member on one or more of the Wright Media sites, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of another Member at any time or to disclose your password to anyone else. You are solely responsible for all uses of your account, and you agree to notify Wright Media immediately if you suspect any unauthorized use of your account or access to your password.

Proprietary Rights

All content on the Wright Interactive Media Sites, including designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement ("Site Content" or "Content"), are the proprietary property of Wright Media, its Members or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, uploaded, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior express written permission of the copyright owner or licensor of such content. You may not use the Site Content without our prior express written permission, which permission may be withheld in our sole discretion Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. We make no proprietary claim to any third-party names, trademarks or service marks appearing on SplitsvilleTexas.com. Any third-party names, trademarks, and service marks are property of their respective owners.

We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on SplitsvilleTexas.com (the "Software") is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

If you are a Member and submit marketing materials, directory information or other third-party content for posting on one of the Wright Interactive Media Sites, you represent and warrant that:

  • You own or otherwise have the right to permit Wright Interactive Media to post the Content,
  • The posting of such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and
  • You will pay all royalties, fees and any other monies owing any person or entity by reason of any such posted Content.

You are solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights regarding the Trademarks, the Site Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.

You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written permission, which permission may be withheld in our sole discretion.

Your Conduct When Using Our Sites

As a visitor to or Member of one of the Wright Interactive Media Sites, you agree not to:

  • Harvest or collect e-mail addresses or other contact information of other visitors or Members by electronic or any other means for the purposes of sending unsolicited e-mail or other unsolicited communications,
    • In order to protect our Members from such advertising or solicitation, Wright Interactive Media reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number that Wright Interactive Media deems appropriate in its sole discretion.
    • If you breach this Agreement and send unsolicited bulk e-mail or other unauthorized commercial communications of any kind through any of the Wright Interactive Services, you acknowledge that you will have caused substantial harm to Wright Media.
  • Use our Services or Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair our Sites,
  • Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software used by Wright Media,
  • Use automated scripts to collect information from or otherwise interact with our Services or Sites,
  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
  • Register for more than one Member account, register for a Member account on behalf of someone else or register for a Member account on behalf of any group or entity,
  • Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity,
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "pyramid schemes" or any other form of solicitation,
  • Upload, post, transmit, share, store or otherwise make publicly available on our Sites any private information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers,
  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,
  • Intimidate or harass another,
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law,
  • Advertise to or solicit any Member or visitor to buy or sell any products or services through the unauthorized or impermissible use of Wright Interactive Media Services,
  • Use or attempt to use another’s account, service or system without authorization from Wright Interactive Media,
  • Create a false identity through any of our Sites, and
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Wright Media, is objectionable or restricts or inhibits any other person from using or enjoying our Sites or that may expose Wright Media or its users to any harm or liability of any type.

Wright Media reserves the right to investigate and take appropriate legal action against anyone who, in Wright Media’s sole discretion, violates this provision, including without limitation reporting you to law enforcement authorities.

Posting Your Own Content on the Sites

When you submit your own content for posting on any of our Sites, you authorize and direct us to make copies as we deem necessary to facilitate such posting. By posting your own content, you automatically grant, and you represent and warrant that you have the right to grant, to Wright Interactive Media and Splitsville Texas an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to:

  • Use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose — commercial, advertising or otherwise — on or in connection with our Sites,
  • Prepare derivative works of, or incorporate into other works, such content, and
  • Grant and authorize sublicenses of the foregoing.

You may remove your own content from our Sites at any time. To do so, send a request to contact us. If you choose to remove your content, the license granted above will automatically expire; however, you acknowledge that Wright Media may retain archived copies of such content.

Public Forums

SplitsvilleTexas.com may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements, including, without limitation, any responses to legal questions posted on SplitsvilleTexas.com and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (“User Generated Content”). We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums.

WE DO NOT MONITOR, REVIEW, OR SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION POSTED ON THE SITE OR PROVIDED TO US BY OTHERS.

YOU SHOULD NOT PROVIDE PERSONAL INFORMATION TO OTHER USERS OR POST PERSONAL INFORMATION IN A PUBLIC PLACE WHERE SUCH INFORMATION MIGHT BE USED TO HARM OR HARASS YOU. QUESTIONS AND ANSWERS OR OTHER POSTINGS TO THE SITE ARE NOT CONFIDENTIAL AND ARE NOT SUBJECT TO ATTORNEY-CLIENT PRIVILEGE.

You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums. In addition, although we reserve the right to review, remove or edit any content from SplitsvilleTexas.com, we do not routinely screen, monitor, review, remove, or edit the content of any User Generated Content, including, without limitation, any responses to legal questions posted on SplitsvilleTexas.com and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information"). As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Generated Content, Legal Information or the qualifications of those posting User Generated Content and Legal Information.

We assume no responsibility for information posted on SplitsvilleTexas.com by others, including, but not limited to, users and advertisers.

Copyright Complaints

We respect the intellectual property rights of others — thus, we prohibit uploading, posting or otherwise transmitting on the Wright Media Sites or through our Services any materials that violate another party’s intellectual property rights. If we receive proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material. We also have a policy of terminating the accounts of repeat copyright infringers in accordance with the Digital Millenium Copyright Act.

If you believe that any material on our Sites infringes upon any copyright that you own or license, you may send a written notification of such infringement to our designated copyright agent as specified in our Copyright Policy.

Third-Party Websites and Content

Our Sites contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such links do not constitute our endorsement of those Web sites, nor the products or services listed on those Web sites. We are not responsible for the activities or policies of those Web sites. We do not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. We are not responsible for and we do not investigate, monitor or check such Third Party Sites and Third Party Content for accuracy, appropriateness or completeness.

Thus, if you decide to leave any of our Sites and access Third Party Sites or to use or install any third-party applications, software or content, you do so at your own risk, and you should be aware that our policies and practices no longer govern.

Products and Services Disclaimer

The products and services provided through the Wright Media Sites are provided "as-is," with no express or implied warranties of merchantability, suitability or completeness. You use the products and services purchased on our Sites at your own risk.

In no event will: i) Wright Media, its agents, partners or affiliates, nor ii) the providers, authors or publishers of any legal materials posted on our Sites, be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, damages for procurement of substitute goods or services; loss of use, data or profits; and business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of such materials.

Wright Media is not liable, nor does it provide any express or implied warranties, for any products or services advertised or sold by a third party on any Wright Media Site, unless specifically stated.

Electronic Communications

When you visit SplitsvilleTexas.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on SplitsvilleTexas.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Disputes

You are solely responsible for your interactions with other Wright Media Site visitors and Members. We reserve the right, but have no obligation, to monitor disputes between you and others.

Privacy

By consenting to these Terms of Use, you also agree to be bound by our Privacy Policy, which is incorporated by reference into this Agreement.

Limitation on Liability

Our Sites and our Services may be temporarily unavailable from time to time for maintenance or other technical reasons. Wright Media 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, communications between you and other users of our Sites.

Wright Media is not responsible for any third-party technical malfunction or other telephone or computer network, service or equipment problem, or traffic congestion on the Internet, even if such problem results in injury or damage to a person’s computer, mobile device or other hardware or software.

Under no circumstances will Wright Media or its directors, employees, affiliates or agents be responsible for any loss or damage, including but not limited to any loss or damage to any content — whether your own content, Third Party Content or content posted on or through our Sites or Services.

In no event will Wright Media or its directors, employees, affiliates or agents be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data, arising from your use of our Sites or our Services, even if Wright Media is aware or has been advised of the possibility of such damages.

Notwithstanding the above limitations, Wright Media’s liability to you for any cause whatsoever and regardless of the form of action will be limited to the amount paid, if any, by you to Wright Media.

Membership Termination

If you register to become a Member or post content on one or more of our Sites, please keep in mind that Wright Media and Splitsville Texas reserves the right to terminate your membership, delete your profile, delete any content or information you have posted on our Sites and/or prohibit you from using our Services or Sites for any reason, at any time in its sole discretion, with or without notice.

Governing Law

By visiting or using the Sites and/or the Services, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Wright Media and Splitsville Texas or between you and any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence any action other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.

Arbitration

You and Wright Media agree that binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, our Sites and/or our Services, except:

  • As may otherwise be provided in specific terms applicable to specific Wright Media products or Services,
  • To the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, and
  • For disputes or claims relating to any transactions you enter into with a third party (through the Wright Media Sites or elsewhere).

Arbitration under this Agreement shall be conducted by the American Arbitration Association ("e;AAA"e;) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ("e;AAA Consumer Rules"e;) (collectively "e;AAA Rules"e;). The location of the arbitration proceeding and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and for consumer disputes shall be subject to the limitations provided for in the AAA Consumer Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration proceeding or claim under these Terms of Use shall be combined with any other arbitration proceeding or claim, including any arbitration or claim involving any current or former user of our Services, and no class arbitration proceedings shall be permitted. You agree to bring any claim, action or proceeding related in any way to our Sites and/or our Services no more than three (3) years after the claim arises.

Indemnity

You agree to indemnify and hold harmless Wright Media, its subsidiaries and affiliates, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:

  • Your own content or any Third Party Content you post or share on our Sites (including via blogs, chat rooms or message boards),
  • Your use of our Services or our Sites,
  • Your conduct in connection with our Services or our Sites,
  • Your violation of this Agreement, or
  • Your violation of any law or the rights of any third party.

Submissions/Postings on Our Sites

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (including information submitted regarding a legal matter) you provide to Wright Media and Splitsville Texas, its partners or affiliates are not confidential nor subject to the attorney–client privilege, unless otherwise agreed by you and the individual or entity to whom you have provided the information.

In addition, please be aware that any information you post or submit publicly (e.g., on a blog or message board) regarding a specific legal problem is not confidential. If you wish to keep such information confidential, please do not post it publicly anywhere on the Internet, including our Sites.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Wright Media and Splitsville Texas regarding the use of our Sites and/or Services and supersede any prior agreements between you and Wright Media relating to your use of our Sites or Services. The failure of Wright Media to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us if you have questions or need more information about this Agreement.

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