Terms of Use

PLEASE READ THESE TERMS OF USE AS WELL AS THE FOLLOWING SITE POLICIES: PRIVACY AND SECURITY, ACCESSIBILITY, COMPACT WITH TEXANS, OPEN RECORDS, AND LINKING (collectively, the “Agreement”) CAREFULLY BEFORE USING GENTX.ORG (“Site”) and/or the other domains, products, services and/or content provided by the Texas Higher Education Coordinating Board (“THECB”) (all of those collectively within the Site, the “Services”).   By using or accessing these Services, you (“User” or “you”) agree to become bound by all of the terms and conditions of this Agreement.  If you do not agree to all of the terms and conditions of the Agreement, you are not permitted to use the Services.

Modifications to this Agreement

THECB reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement to the Site and by providing notice to you that this Agreement has changed, generally via e-mail where practicable. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.

Eligibility

You must be 18 years of age or older to register and manage a Community Page on GenTX.org.

If you are not yet 13 years old, do not use this site. If you are at least 13, but not yet 18 years old, have your parents or legal guardian review these Terms of Use with you and give you their permission to register and use the site with both your and their full understanding of these Terms of Use. By using this site, you are telling us that you, and your parent or guardian, have joined in this agreement.

Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms of Use, do not let your child use this site. If you are the parent or guardian of a child under 13 and believe that he or she is using this site, please contact us at info@GenTX.o[email protected].

You otherwise may only use the Services if you can form a binding contract with THECB and are not legally prohibited from using the Services.

Service Changes and Limitations

The Services change frequently, and their form and functionality may change without prior notice to you. THECB retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. THECB may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. THECB may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). THECB may also suspend Accounts (as defined below) at any time, in its sole discretion.

Accounts

As a condition to using certain of the Services, you may be required to create an account (an “Account“) and select a password and username.

You should provide THECB with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.

You agree that you shall not select or use a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify THECB immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

Privacy

Any information you provide to THECB is subject to the Site’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Content and User-Generated Content

Definitions. For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, trademarks, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term “User-Generated Content” is all Content that is posted or otherwise provided or transferred to the Services by a User (including, without limitation, by you); and Content also includes, without limitation, all User-Generated Content.

Ownership. Users retain ownership of all intellectual property rights in their User-Generated Content, and THECB and/or third parties retain ownership of all intellectual property rights in all Content other than User-Generated Content. Users certify and acknowledge that the:

  1. Generation TX®, Generation Texas®, and the Gen TX®; and
  2. Advise TX® and the Advise TX College Advising Corps® word marks and logos are the trademarks or registered trademarks of THECB.

User-Generated Content License to THECB: When you transfer User-Generated Content to THECB through the Services, you give THECB a non-exclusive, worldwide, royalty-free, fully paid-up, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of such User-Generated Content. The rights you grant in this license to THECB are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, allowing THECB to develop new Services, and otherwise allowing THECB to carry out the Generation Texas® campaign.

You also agree that this license includes the right for THECB to make all publicly-posted Content available to third parties selected by THECB, so that those third parties can distribute and/or analyze such Content on other media and services.

Note also that this license to your User-Generated Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant THECB this license for all User-Generated Content you submit to the Services.

Content License to You: As a User of the Services, THECB grants you a worldwide, royalty-free, non-exclusive, non-sublicensable, revocable at any time and for any reason, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services (namely, in creating and managing your Community Page). Except as expressly permitted by this license, no portion of the Content may be copied, displayed, republished, retransmitted, sold, modified, downloaded or used in any form, or by any means without the prior written permission of THECB. The license is subject to the following conditions:

  1. Use is restricted solely for non-commercial educational use, for the purpose of promoting public awareness of post-secondary education benefits to students, families and communities in Texas as part of THECB’s Generation TX® campaign in the State of Texas. Any other use is prohibited without the express prior written permission of THECB.
  2. The Content may not be copied, reproduced, downloaded, displayed or otherwise used, or be permitted to be used, in connection with for profit or commercial activities or purposes without the express prior written permission of THECB.
  3. All copies of the Content must retain any copyright, trademark, intellectual property, proprietary or other notices or disclaimers contained in the original Content.

THECB has developed significant goodwill associated with the registered trademarks of Generation TX®, Generation Texas®, Gen TX®, Advise TX® and the Advise TX College Advising Corps® (these and other trademarks owned by THECB which may from time to time appear in the Content are herein collectively referred to as “the Marks”). User agrees that it is critical that such goodwill be protected and enhanced and, toward this end, User agrees that you shall not:

  1. Apply to register or maintain any application or registration of the Marks or any other mark confusingly similar to them;
  2. Use any colorable imitation of any of the Marks, or any variant from the Marks (including variant design forms, logos, colors, or type styles) of the Marks not specifically approved by THECB;
  3. Misuse the Marks;
  4. Take any action or permit any action that would in any way adversely affect the Marks’ reputation or imply sponsorship by THECB of any group, product or activity other than the GenTX® campaign;
  5. Use the Marks or any mark or name confusingly similar thereto, in an unrelated campaign;
  6. Take any action or permit any action that would in any way tend to impair, adversely effect, or diminish the goodwill in the Marks; or
  7. Contest or deny the validity or enforceability of the Marks or oppose or seek to cancel any registration thereof by THECB, or aid or abet others in doing so, either during the term of this license or at any time thereafter.

All use of the Marks by User inures to the benefit of THECB. User agrees to cooperate fully with THECB in securing and maintaining the goodwill of THECB in the Marks.

Compliance with Community Guidelines: You agree that you won’t post User-Generated Content that violates, or otherwise use your Account in ways that violate, THECB’s Community Guidelines (listed below).

Termination and Deletion: On termination of your Account or upon your deletion of particular pieces of User-Generated Content from the Services, THECB shall make reasonable efforts to make such User-Generated Content is inaccessible and cease use of it (except as subject to the copyright below); however, you acknowledge and agree that: (a) caching of, copies of, or references to the User-Generated Content may not be immediately removed; (b) such removed User-Generated Content may persist in backups (not available to others) for a period of time.

Copyright

All Site Content, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Texas Higher Education Coordinating Board. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Texas Higher Education Coordinating Board.

User-Generated Content

Please be advised that Site User-Generated Content, including but not limited to content on Community Pages, does not necessarily reflect the views of The Texas Higher Education Coordinating Board. In no event shall The Texas Higher Education Coordinating Board assume or have any responsibility or liability for any User-Generated Content or for any claims, damages or losses resulting from the Content’s use and/or appearance on this site. You hereby represent and warrant that you have all necessary rights in and to all User-Generated Content you provide and all information they contain and that such User-Generated Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

By submitting User-Generated Content, you hereby authorize The Texas Higher Education Coordinating Board to use, and authorize others to use, your User-Generated Content in whole or in part, on a royalty-free basis in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, including without limitation commercial use on and advertising and promotion of the Site.

Community Guidelines

GenTX.org strives to create a welcoming environment for all. In the case that inappropriate or inaccurate content is submitted, we will remove the offending content. If you believe someone is violating the community guidelines, please let us know by sending an email to: [email protected]. We will review and take action if necessary.

User generated content must follow these community guidelines.

  • Cultural Sensitivity – words and images that might be considered offensive, profane, or obscene by our community will not be allowed. In addition, offensive slang terms are not acceptable.
  • Harassment, Personal Attacks – Attacking or harassing an individual or group of individuals is not acceptable. People must be respectful and considerate when posting to the site.
  • Offensive or Graphic Content – Posts, member names, subject lines, photos or video files containing profanity, sexually graphic or offensive material are unacceptable and will be deleted.
  • Hate Speech, Abusive or Violent Behavior – We do not allow threatening, racist, abusive, hateful or violent language or behavior.
  • Illegal Activities – Participating in, suggesting, or encouraging any illegal, inappropriate, or dangerous behavior that may result in harm to anyone is cause for immediate deletion and suspension of posting privileges and may be reported to the appropriate authorities.
  • Spam, Schemes, Chain Letters – GenTX.org does not allow spam, post chain letters, pyramid schemes, junk mail or URLs for outside sites that violate any of Generation TX’s Terms or Use, Linking Policy or guidelines.
  • Solicitation – No personal or commercial solicitation or advertising will be allowed.
  • Personal Information About You – Anything posted becomes public information. Members should not post personally identifying information (last name, address, phone number, IM screen name, email address, etc.) that can be used to identify or locate them.
  • Libel – Libelous statements will not be tolerated and any post containing libelous statements will be removed. Libel is any published material that damages the reputation of an individual or an organization, exposes them to hatred, ridicule or contempt, causes them to be shunned or avoided, discredits their trade, business or profession, or generally lowers them in the eyes of right-thinking members of society.
  • Impersonation – Posts attempting to impersonate GenTX staff, medical personnel or other community members are not acceptable.

Indemnification

You agree to indemnify, defend and hold harmless, the State of Texas, its officers, and employees, The Texas Higher Education Coordinating Board and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all claims, actions, suits, demands, proceedings, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or connected with, or resulting from any violation of this agreement by you. No provision of, or any part of this agreement or any subsequent modification shall be construed: (1) as a waiver of the doctrine of sovereign immunity or immunity from suit as provided for in the Texas Constitution and the Laws of the State of Texas; (2) to extend liability to THECB beyond such liability provided for in the Texas Constitution and the Laws of the State of Texas; or (3) as a waiver of any immunity provided by the 11th Amendment or any other provision of the United States Constitution or any immunity recognized by the Courts and the laws of the United States.

Disclaimer

Warranty Disclaimer. THE GENERATION TX WEBSITE AND CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND YOUR USE OF THE GENERATION TX WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THECB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE GENERATION TX WEBSITE AND THE CONTENT AND YOUR USE OF THEM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COUSE OF DEALING, USAGE, OR TRADE PRACTICE. THECB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SECURITY OF THE GENERATION TX WEBSITE OR THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGES OF ANY NATURE WHATSOEVER, RESULTING YOU’RE YOUR ACCESS TO AND USE OF THE GENERATION TX WEBSITE OR THE CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF THECB’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GENERATION TX WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GENERATION TX WEBSITE AND/OR THE CONTENT BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE GENERATION TX WEBSITE (INCLUDING THE CONTENT). NO AGENT OF THECB IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF THECB AS SET FORTH HEREIN.

Damages Waiver. IN NO EVENT SHALL THECB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE GENERATION TX WEBSITE OR THE CONTENT, OR FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGES, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GENERATION TX WEBSITE OR THE CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF THECB SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM THE GENERATION TX WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THECB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Law and Forum for Legal Disputes

This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The exclusive venue of any suit brought concerning this license is fixed in any Court of competent jurisdiction in Travis County, Texas.

Miscellaneous

Entire Agreement. This Agreement, as modified from time to time, constitutes the entire agreement between you and THECB with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties.

Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with THECB’s prior written consent. THECB may assign this Agreement in whole or in part at any time without your consent.

Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind THECB in any respect whatsoever.

Notice. Any notice to THECB that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to THECB, 1200 E. Anderson Lane, Austin, TX 78752 - P.O. Box 12788, Austin, TX 78711-2788, Attn: Office of General Counsel.

Compliance with Law: You shall comply with all federal, state, and local laws statutes, ordinances, rules, and regulations and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this Agreement.