Texaco Children's Art Competition - Website Terms of Use

Dated: February 2007

Your use of the Texaco Children’s Art Competition website http://www.texacochildrensart.com/ is subject to our terms and conditions of use set out herein (“Terms of Use”). Please ensure you read them carefully in their entirety. By accessing and using this website you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and comply with these Terms of Use. If you do not read or agree our Terms of Use, you should not access or use this website.

This website is owned and operated by Chevron (Ireland) Limited (formerly known as Texaco (Ireland) Limited) (“Chevron”), company number 7246 with an address at Texaco Children’s Art Competition, c/o Chevron (Ireland) Limited, First Floor, Block B, Liffey Valley Office Campus, Quarryvale, Co Dublin and VAT number 8Y49363H. Chevron should not be confused with any other website whether or not the word Chevron or Texaco appears as part of the domain name or branding. You are advised to check each page you visit on or from this website to determine whether you have moved onto a third party website.

You are prohibited from violating, or attempting to violate, the security of this website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement authorities in their investigations. Violations of the security of the website include without limitation:


1. WEBSITE SECURITY
You are prohibited from violating, or attempting to violate, the security of this website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement authorities in their investigations. Violations of the security of the website include without limitation:

  • logging into or attempting to log into a server or account that you are not authorised to access;
  • accessing data or taking any action to obtain data, information or services not intended for you or your use;
  • attempting to probe, scan or test the vulnerability of any system or network;
  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the website.


2. OTHER PROHIBITED ACTIVITY
In accessing or using this website you must not:

  • use the website for any purpose that is fraudulent, unlawful or prohibited by the Terms of Use;
  • post, send or otherwise transmit to or through the website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Chevron in its sole discretion does not wish posted or transmitted on the website;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
  • misrepresent your identity or affiliation in any way;
  • engage in deceptive or misleading online marketing;
  • harvest or otherwise collect by any means any program material or information (including without limitation email address or details of other users) from the website or monitor, mirror or copy any content of the website without the prior written consent of Chevron;
  • violate any applicable laws or regulations; or
  • assist or permit any persons in engaging in any of the activities described above.


3. USER SUBMISSIONS
You must exercise caution, good sense and sound judgment in using the website. You are responsible for any material you place on or transmit to or through the website. You agree, represent and warrant that any information (including without limitation, data, text, software, graphics or any other materials whatsoever) you post to or transmit through the website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information whether publicly posted or privately transmitted, is your sole responsibility.

4. UNSOLICITED IDEAS
Chevron does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this website that you consider to be confidential or proprietary. Any material that you transmit to or through this website will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and Chevron, you give Chevron an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information for any purpose of Chevron’s business. You further agree that Chevron has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this website.

5. COPYRIGHT
All entries to the Texaco Children’s Art Competition (“the Competition”) and any subsequent work submitted to the Competition remain the property and copyright of Chevron. Winning artwork may be used in exhibitions, publicity campaigns in this year’s and subsequent years’ Competitions. You warrant that all copyright in any submissions you make to the Competition vests in you and in consideration of the prizes awarded in this Competition, you hereby irrevocably assign to Chevron all copyright and other rights owned by you in the art work submitted to the Competition.

The material made available by us on this website is protected by copyright. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Chevron ‘s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this website except the “home page” http://www.texacochildrensart.com/ must be obtained from Chevron in advance. Requests for such authorization should be sent via email to: info@texacochildrensart.com.

For purposes of the Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Chevron.

In the event you download software from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Chevron and its licensees . Neither Chevron nor its licensees transfer title to the Software to you. You may own the medium on which the Software is recorded, but Chevron and its licensees retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Chevron prior written notice of such activities.

6. TRADEMARKS
All trademarks, service marks, logos and trade names, or any other form of intellectual property rights whether registered or unregistered, are proprietary to Chevron, its licensees or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos, trade names or other forms of intellectual property without the prior written consent of the appropriate owner thereof.

7. LINKS TO OTHER WEBSITES
As you view this website, you will notice links to other non- Chevron and/or Texaco websites. These links are for convenience only. Certain of these linked websites may make use of Chevron proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Chevron. Chevron is not responsible for the availability or content of these websites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Chevron of the organisations sponsoring the websites or their products or services.

8. JURISDICTIONAL ISSUES
The Terms of Use shall be governed by and construed in accordance with the laws of Ireland, without giving effect to any principles of conflicts of law. If any provision of the Terms of Use are deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

Chevron makes no representation that materials in or the content of the website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this website from jurisdictions where the contents of this website are illegal or penalised is prohibited.

Software from this website is further subject to United States export controls. No information or software from this website may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

9. TERMINATION
The Terms of Use are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this website and all related documentation and all copies and installations thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from Chevron if in Chevron’s sole discretion you fail to comply with any provision of the Terms of Use. Upon termination, you must destroy all materials and information obtained from this website and all copies thereof, whether made under the Terms of Use or otherwise. The provisions of the Terms of Use concerning website security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement.

10. DISCLAIMER
The materials, information and content on this website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Chevron disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Chevron does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Chevron does not make any representations or warranties regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

11. LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chevron be liable for any compensatory, punitive, indirect, special or consequential damages that result from entry into or participation in the Competition, the use of, or the inability to use, the materials in or appearing on this website, even if Chevron or a Chevron authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Chevron’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Chevron, if any, for using this website.

12. INDEMNITY
You agree to indemnify, defend and hold Chevron, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the Terms of Use; and/or (ii) your activities in connection with this website.

13. OTHER
As used throughout this website, the term “Chevron” and such terms as “the company,” “the corporation,” “our,” “we” and “us” may refer to one or more or all of Chevron corporation’s consolidated subsidiaries. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.

14. CHANGES TO TERMS OF USE
Chevron may revise the Terms of Use at any time without notice. Although Chevron will endeavour to highlight any changes to the Terms of Use by posting any revised terms on the website, you should revisit this website periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the website after such changes constitutes your agreement to such changes.

If you have any questions or complaints regarding the Terms of Use, please contact info@texacochildrensart.com or write to us at Texaco Children’s Art Competition, c/o Chevron (Ireland) Limited, First Floor, Block B, Liffey Valley Office Campus, Quarryvale, Co Dublin and we will endeavour to respond to you promptly.