Terms of Service

Terms of Service

Texas Allied Petroleum Terms of Use Agreement

Texas Allied Petroleum is an online service operated by Texas Allied Petroleum that allows users to share their locations and communicate with old and new friends. The Services offered by Texas Allied Petroleum (”Texas Allied Petroleum” or “we”) include the Texas Allied Petroleum Website (the “Website”), the Texas Allied Petroleum instant messenger, and any other features, content, or applications offered from time to time by Texas Allied Petroleum in connection with the Website (collectively, the “Services”).

This Terms of Use Agreement (”Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with Texas Allied Petroleum). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. 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 Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes Texas Allied Petroleum’s policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Texas Allied Petroleum’s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Texas Allied Petroleum may modify this Agreement from time to time and such modification shall be effective upon posting by Texas Allied Petroleum on the Website. You agree to be bound to any changes to this Agreement when you use the 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 Texas Allied Petroleum and that you provide to other Users. Your Texas Allied Petroleum profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Texas Allied Petroleum Members (for instance, their reported location) may be inaccurate or may contain inappropriate, offensive or sexually explicit material, products or services, and Texas Allied Petroleum assumes no responsibility or liability for this material.

Texas Allied Petroleum reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the 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 16 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions in the Account tab of the Settings window at http://www.Texas Allied Petroleum. Texas Allied Petroleum may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that Texas Allied Petroleum reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Texas Allied Petroleum terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. 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 Texas Allied Petroleum 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.
  5. Non-commercial Use by Members. The 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 Texas Allied Petroleum. Illegal and/or unauthorized use of the 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 Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
  6. Proprietary Rights in Content on Texas Allied Petroleum.
  7. By displaying or publishing (”posting”) any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, you hereby grant to Texas Allied Petroleum, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Texas Allied Petroleum servers after you have removed the Content from the Services, and Texas Allied Petroleum retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the 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 the 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 the Services.
  8. The Services contain Content of Texas Allied Petroleum (”Texas Allied Petroleum Content”). Texas Allied Petroleum Content is protected by copyright, trademark, patent, trade secret and other laws, and Texas Allied Petroleum owns and retains all rights in the Texas Allied Petroleum Content and the Services. Texas Allied Petroleum hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Texas Allied Petroleum Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
  9. The Services contain Content of Users and other Texas Allied Petroleum 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 the Services.
  10. Content Posted.
  11.  
  12. Texas Allied Petroleum may delete any Content that in the sole judgment of Texas Allied Petroleum violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Texas Allied Petroleum assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Texas Allied Petroleum chooses, in its sole discretion, to monitor the Services, Texas Allied Petroleum 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.
  13. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Texas Allied Petroleum does not endorse and has no control over the Content. Content is not necessarily reviewed by Texas Allied Petroleum prior to posting and does not necessarily reflect the opinions or policies of Texas Allied Petroleum. Texas Allied Petroleum 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.
  14. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Texas Allied Petroleum reserves the right to investigate and take appropriate legal action against anyone who, in Texas Allied Petroleum’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Texas Allied Petroleum:
  15.  
  16. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  17. harasses or advocates harassment of another person;
  18. exploits people in a sexual or violent manner;
  19. contains nudity, violence, or offensive subject matter;
  20. solicits personal information from anyone under 18;
  21. provides any telephone numbers, street addresses, last names, URLs or email addresses;
  22. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  23. 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;
  24. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

10.  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11.  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;

12.  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13.  involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14.  includes a photograph of another person that you have posted without that person’s consent; or

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 Services. Texas Allied Petroleum reserves the right to investigate and take appropriate legal action against anyone who, in Texas Allied Petroleum’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1.  
  2. 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;
  3. advertising to, or solicitation of, any Member to buy or sell any products or services through the 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 the 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, Texas Allied Petroleum 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 Texas Allied Petroleum 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 the Services, you acknowledge that you will have caused substantial harm to Texas Allied Petroleum, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Texas Allied Petroleum $100 for each such unsolicited email or other unsolicited communication you send through the Services;
  4. covering or obscuring the advertisements on any Texas Allied Petroleum page via HTML/CSS or any other means;
  5. any automated use of the system, such as using scripts to add friends;
  6. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  7. attempting to impersonate another Member or person;
  8. 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;
  9. selling or otherwise transferring your profile;
  10. using any information obtained from the Services in order to harass, abuse, or harm another person; or

10.  using the Services in a manner inconsistent with any and all applicable laws and regulations.

  1. 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 Texas Allied Petroleum to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to Texas Allied Petroleum by the copyright owner or the copyright owner’s legal agent.
  2. Member Disputes. You are solely responsible for your interactions with other Texas Allied Petroleum Members. Texas Allied Petroleum reserves the right, but has no obligation, to monitor disputes between you and other Members.
  3. Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  4. Disclaimers. Texas Allied Petroleum is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Texas Allied Petroleum may contain links to other websites. Texas Allied Petroleum 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 Texas Allied Petroleum. Inclusion of any linked website on Texas Allied Petroleum does not imply approval or endorsement of the linked website by Texas Allied Petroleum. When you access these third-party sites, you do so at your own risk. Texas Allied Petroleum takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Texas Allied Petroleum is not responsible for the conduct, whether online or offline, of any User of the Services. Texas Allied Petroleum 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. Texas Allied Petroleum 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 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 the Services. Under no circumstances shall Texas Allied Petroleum be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Texas Allied Petroleum event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Texas Allied Petroleum expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Texas Allied Petroleum cannot guarantee and does not promise any specific results from use of the Services.
  5. Limitation on Liability. IN NO EVENT SHALL TEXAS ALLIED PETROLEUM 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 THE SERVICES, EVEN IF TEXAS ALLIED PETROLEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TEXAS ALLIED PETROLEUM’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 TEXAS ALLIED PETROLEUM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
  6. U.S. Export Controls. Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
  7. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Texas without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas. Either Texas Allied Petroleum or you may demand that any dispute between Texas Allied Petroleum and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Texas.
  8. Indemnity. You agree to indemnify and hold Texas Allied Petroleum, its subsidiaries, and affiliates, and their respective 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 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 Website or through the Services causes Texas Allied Petroleum to be liable to another.

10.  Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Texas Allied Petroleum regarding the use of the Services. The failure of Texas Allied Petroleum 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. Texas Allied Petroleum is a trademark of Texas Allied Petroleum. 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.