Effective Date: August 1, 2023
Her Texas Community Forum is a space to interact with one another and share knowledge, information, and experiences from their use of Her Texas. The following user terms apply to all who use Her Texas Community Forum. “We,” “our,” and “us” refer to the applicable Her Texas entity. “You” and “your” refers to you, the individual user and participant in Her Texas Community Forum.
Community Forum Rules of Engagement
All use of Her Texas Community Forum is subject to these Terms, and the Developer Community Code of Conduct. By registering for Her Texas Community Forum, you agree to comply with all applicable Her Texas policies. In addition, users of Her Texas Community Forum must monitor and control all activity conducted through your Her Texas Community Forum account and exercise all reasonable efforts to keep all passwords and login information for Her Texas Community Forum confidential.
Her Texas Community Forum users must never:
- upload to or link from Her Texas Community Forum any harmful or malicious technology, including malware, that unlawfully accesses information owned by Her Texas or any third party.
- post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including any rules of any national and other securities exchanges.
- allow another person to post from their account or on their behalf.
- post content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libelous, defamatory, or fraudulent.
- dox another person, or post content that includes another person’s private or personal information, including but not limited to community forum profile information, images, personal phone numbers, email addresses, addresses, and Social Security numbers.
- post content that the user does not have the required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- post spam or advertisements.
- impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organization, or entity of Her Texas.
- interfere with or disrupt the operation or integrity of Her Texas Community Forum or any information, data, content or other materials available on or through Her Texas Community Forum.
- access Her Texas Community Forum in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of Her Texas Community Forum.
- authorize, permit, enable, induce or encourage any third party to do any of the above.
- do anything to violate the spirit of these Terms.
Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.
User Submissions, Member-Generated Content and Profile Information
As a user of Her Texas Community Forum, you may have the ability to make information, data, graphics, sounds, videos, messages, profiles and other materials and content, each a “Submission,” available through Her Texas Community Forum. Submissions include but are not limited to all comments, suggestions, advice, and ideas, including those made or given on an existing or potential Her Texas product or feature. All Submissions are subject to the same licensing provisions contained herein.
Users are solely responsible for all Submissions to Her Texas Community Forum. Her Texas has no control over users’ Submissions, and we do not endorse any user Submissions. Additionally, Her Texas does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the Submission does not infringe on the intellectual property rights of others.
When you submit content to Her Texas Community Forum, you do not lose ownership of your Submission. Rather, with each Submission, you grant Her Texas an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Submission content, feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.
If you make available through Her Texas Community Forum ideas and suggestions on Her Texas products or services, you acknowledge and agree that posting such a Submission does not make you an inventor of any invention that may arise during any development of any Her Texas product or service, including those that may incorporate or are related to user contributions to Her Texas Community Forum. If, despite the foregoing, you retain any right, title, or interest in any invention, you agree to assign to Her Texas all right, title, and interest in and to such invention, effective upon the invention’s conception, creation, or development. To the extent that you retain any right to or interest in any invention after all permissible assignment, you waive all claims with respect to such rights or interests against Her Texas and its affiliates, and any user of any Her Texas product or service. In addition, you grant Her Texas an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyze, and exploit all or any portion of such invention. You waive and quit claim to Her Texas any claim for infringement, misappropriation, or other violation of any invention or intellectual property rights assigned or licensed under these Terms.
Intellectual Property Rights and DMCA Policy
We take the intellectual property rights of others seriously and require that our Her Texas Community Forum users do the same. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Her Texas Community Forum, please follow the procedures outlined in our DMCA Policy, available at https://Her Texas.com/dmca-policy.
Disclaimer of Warranties
Her Texas COMMUNITY FORUM AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND Her Texas EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT Her Texas DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
NEITHER Her Texas, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN Her Texas COMMUNITY FORUM, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend and indemnify Her Texas and its affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of Her Texas Community Forum in violation of these Terms, (b) your violation of any law or the rights of any third party, or (c) any Submissions you post to Her Texas Community Forum, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.
As our business evolves, we may change these Terms, the Acceptable Use Policy, and other policies relating to Her Texas Community Forum. Any material revisions to these Terms will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
These Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
Governing Law; Venue
These Terms constitute a binding agreement, and failure to comply with these Terms may result in legal action. This agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Texas, without regard to its conflicts with the laws or rules of the United Nations Convention on the International Sale of Goods. The state and federal courts located in Dallas County, Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.