CAPITAL AREA PARALEGAL ASSOCIATION
Proprietary Rights in Content
Content / Activity Prohibited
Limitation on Liability
Eligibility. Use of CAPA Services is void where prohibited. By using CAPA Services, 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) you are 14 years of age or older; and (d) your use of CAPA Services does not violate any applicable law or regulation.
Term. This Agreement shall remain in full force and effect while you use CAPA Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect, including sections 4-15.
Password. When you sign up to become a Member, you will also 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 any third party. You agree to notify CAPA 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 account.
Non-commercial Use by Members. CAPA Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CAPA. Illegal and/or unauthorized use of CAPA Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CAPA Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice. Appropriate legal action will be taken for any illegal or unauthorized use of CAPA Services.
Proprietary Rights in Content.
CAPA does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to CAPA Services. After posting your Content to CAPA Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through CAPA Services, you hereby grant to CAPA a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content in any manner selected by CAPA. You represent and warrant that: (i) you own the Content posted by you on or through CAPA Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through CAPA Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through CAPA Services. CAPA Services contain Content of CAPA (“CAPA Content”). CAPA Content is protected by copyright, trademark, patent, trade secret and other laws, and CAPA owns and retains all rights in the CAPA Content and the CAPA Services. CAPA hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CAPA Content (excluding any software code) solely for your personal use in connection with viewing the CAPA Website and using CAPA Services.
CAPA Services contain Content of Users and other CAPA licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through CAPA Services.
Content Posted. CAPA may delete any Content that in the sole judgment of CAPA violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. CAPA assumes no responsibility for monitoring CAPA Services for inappropriate Content or conduct. If at any time CAPA chooses, in its sole discretion, to monitor CAPA Services, CAPA nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any CAPA Services, and any material or information that you transmit to other Members and for your interactions with other Users. CAPA does not endorse and has no control over the Content. Content is not necessarily reviewed by CAPA prior to posting and does not necessarily reflect the opinions or policies of CAPA. CAPA makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through CAPA Services. CAPA reserves the right to investigate and take appropriate legal action against anyone who, in CAPA’s sole discretion, violates this provision, including without limitation, removing the offending communication from CAPA Services. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CAPA:
- 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 or links to pirated music 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;
- includes a photograph of another person that you have posted without that person’s consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
- 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;
- advertising to, or solicitation of, any Member to buy or sell any products or services through CAPA Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from CAPA
- Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CAPA reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CAPA deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through CAPA Services, you acknowledge that you will have caused substantial harm to CAPA, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CAPA $50 for each such unsolicited email or other unsolicited communication you send through CAPA Services;
- covering or obscuring the banner advertisements on your personal profile page, or any CAPA 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 CAPA Services or the networks or services connected to CAPA Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from CAPA Services 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 CAPA Services on behalf of that person, such as placing commercial content on yourprofile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the CAPA Services 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. It is the policy of CAPA to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to CAPA by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on CAPA Services 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 CAPA Services; (iv) your address, telephone number, and 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; (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. CAPA’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Capital Area Paralegal Association, P. O. Box 773, Austin, TX 78767; and email: Web Team.
Member Disputes. You are solely responsible for your interactions with other CAPA Members. CAPA reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers. CAPA is not responsible for any incorrect or inaccurate Content posted on the CAPA Website or in connection with CAPA Services, whether caused by Users of CAPA Services or by any of the equipment or programming associated with or utilized in CAPA Services. Profiles created and posted by Members on the CAPA Website may contain links to other Websites. CAPA 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 CAPA. Inclusion of any linked Website on CAPA Services does not imply approval or endorsement of the linked Website by CAPA. When you access these third-party sites, you do so at your own risk. CAPA takes no responsibility for third party advertisements which are posted on the CAPA Website or through CAPA Services, nor does it take any responsibility for the goods or services provided by its advertisers. CAPA is not responsible for the conduct, whether online or offline, of any User of CAPA Services. CAPA 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. CAPA 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 any of the CAPA Services 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 CAPA Services. Under no circumstances shall CAPA be responsible for any loss or damage, including personal injury or death, resulting from use of CAPA Services, attendance at a CAPA event, from any Content posted on or through CAPA Services, or from the conduct of any Users of CAPA Services, whether online or offline. CAPA Services are provided “AS-IS” and as available, and CAPA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CAPA cannot guarantee and does not promise any specific results from use of CAPA Services.
Limitation on Liability. IN NO EVENT SHALL CAPA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF CAPA SERVICES, EVEN IF CAPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAPA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAPA FOR CAPA SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving CAPA Services, 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 State of Texas, City of Austin. Either CAPA or you may demand that any dispute between CAPA and you about or involving CAPA Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent CAPA from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold CAPA, its 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 CAPA Services 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 CAPA Website or through CAPA Services causes CAPA to be liable to another.
Other. This Agreement is accepted upon your use of the CAPA Website or any CAPA Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CAPA regarding the use of CAPA Services. The failure of CAPA 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. CAPA is a trademark of Capital Area Paralegal Association. This Agreement operates to the fullest extent permissible by law. 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.
Capital Area Paralegal Association (“CAPA”) is a voluntary non-profit corporation comprised of paralegals and legal assistants, students and vendors in Austin, Texas, and the
CAPA may modify this Agreement from time to time, and such modification shall be effective upon posting by CAPA on the CAPA Website. You agree to be bound to any changes to this Agreement when you use CAPA Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the CAPA Website and that you provide to other Users. Your CAPA profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other CAPA Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and CAPA assumes no responsibility or liability for this material. If you become aware of misuse of the CAPA Website by any person, please contact CAPA.
CAPA reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the CAPA Website at any time, for any or no reason, with or without prior notice, and without liability.
Please contact Web Team with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.