Terms of Use

Statement of Purpose:

This website is an informational electronic publication of WPT. Its purpose is to share humorous and memorable text messages. This site was developed and is maintained by WPT.

Terms and Conditions:

This Terms of Use defines the conditions under which WPT makes its website available to users and the conditions under which users may have access to and use this website. All connections to this website are subject to compliance with this Terms of Use.

This Terms of Use constitutes a legally binding agreement made by and between WPT and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, "you" or "your"). This Terms of Use governs your use of this website so please read it carefully. BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.

Internet technology and applicable laws, rules and regulations change frequently. Accordingly, we reserve the right to make changes to this Terms of Use at any time. We encourage you to review this Terms of Use from time to time for possible changes. Your continued use of this website constitutes assent to any new or modified provision of this Terms of Use that may be posted on the website.

Access to Website:

Except as expressly provided below, this website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations and rules when you use this website.

We use the means that we believe are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of WPT and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the website service and equipment. WPT will not be liable for any failure or deficiency in the performance of this website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to WPT, fire, terrorism, natural disaster or war.

WPT grants users who accept these Terms of Use the right to connect one or more workstations to its website. Access to the website is by means of the user's computer or other electronic device with browser capability, connected to a telecommunications network allowing access to this website. The communication protocols used are those currently used by the Internet. The rights of access to and use of this website are non-exclusive and non-transferable.

WPT does not knowingly solicit data from children under 13 through our website and does not knowingly market to children under 13 through this website. WPT states that children under 13 are among the individuals who would be unable to form a legally binding contract under applicable law and should not view this website without the supervision of a parent or guardian able to enter into a legally binding contract.

Prohibited Conduct:

In using this website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of WPT or any third party; (ii) defame, abuse, harass or stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, WPT, or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail, or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this website; (viii) use any meta tags or any other "hidden text" utilizing the WPT name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services set forth in the website, except as expressly permitted by WPT; (x) engage in any activity that interferes with any third party's ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by this Terms of Use.

Intellectual Property and Reprint Information:

"WHEN PARENTS TEXT" is a trademark of WPT and may not be used without permission.

The text messages displayed through this website are exclusively licensed to or owned by WPT.

Except as provided herein, this website and the contents of this website (including, without limitation, marks, images, photographs, animations, music, data, information, design, text, graphics, illustrations, audio, video, "applets," other files, and the selection, arrangement and organization thereof) (the "Website Information") are owned by WPT, its licensors or other entities and are protected by copyright and other intellectual property rights. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Website Information and the structure, organization and code relating to the Website Information or data accessed by you through your use of the website or otherwise made available through your use of the website and all other information or data supplied by WPT and/or its suppliers.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the Website Information on this website in the normal course of your business and use of the website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. WPT and/or its suppliers and licensors will retain ownership of their intellectual property rights, including rights in and to the Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.

Without the express written consent of WPT, none of the contents of this website, including, without limitation, the Website Information, may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on your personal computer for your own use and without any commercial purpose, in which case you shall ensure that the indications of ownership are kept intact. Modification of the Website Information or its use with another aim constitutes an infringement of our property rights. It is forbidden to use the Website Information on another website or in a computer network environment.

Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this website and related design marks are owned by WPT, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of WPT. All other trademarks, trade names and the like that appear on this website are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission from the appropriate party.

Pursuant to 17 U.S.C. § 512(c)(2), please contact WPT to report the infringement of any intellectual property right through its designated agent:

Judith E. Rinearson, Esq.
Bryan Cave LLP
1290 Avenue of the Americas
New York, New York 10104-3300
212-541-2000 (telephone)
212-541-4630 (facsimile)
judith.rinearson(at)bryancave.com

To request a license to use the intellectual property on this website, please contact WPT through the contact information listed above.

Site Postings:

If you submit any messages, notes, emails, descriptions, pictures, or other information through this website, you are acknowledging that any such information does not create any confidential, fiduciary, contractually implied or other relationship between you and WPT or its agents and representatives other than as expressly set forth in this Terms of Use and may be used by WPT for any purpose, including for promotional or advertising purposes.

The website may contain site features that allow you to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips or other files that are then displayed on the website and accessed by other website users ("Posting"). You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying this website or any of WPT's other websites; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.

By submitting a Posting, you are granting WPT a perpetual, worldwide, royalty-free, exclusive, sublicenseable and irrevocable right and license to use, copy, reproduce, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our applicable agreements with you. Without limiting the generality of the foregoing, you agree that WPT may disclose in response to court orders or to law enforcement entities, edit or delete any Posting. You hereby irrevocably waive any claims based on moral rights or similar doctrines and theories.

You acknowledge that WPT does not necessarily pre-screen all Postings, but that WPT and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any Posting that is available via the website. By way of example and without limiting the foregoing, WPT and its designees may edit or disable, or restrict access to or the availability of, any Posting that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings. WPT assumes no liability for use of any Posting by any third party.

Subject to the terms of these Terms of Use, You may access Postings solely (i) for your information and personal use and (ii) as intended through the normal functionality of the website.

Links to Third Parties:

This website may contain links to the websites of WPT partners or to the websites of third-party companies.

WPT does not own and has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites. WPT does not endorse any of these hyperlinked websites. WPT accepts no liability for any direct or indirect damage that may result from a user's visit to the partner or third-party websites, or from the use of the contents and services of these websites by the user.

You acknowledge that WPT shall not be responsible or liable for the content or conduct of, associated with, or related to any hyperlinked website or advertiser site, and, accordingly, your access and use of any hyperlinked website or advertiser site shall be solely at your own risk. If you have any questions or concerns regarding any hyperlinked website or advertiser site, you should review any terms and conditions and privacy policy maintained by that hyperlinked website or advertiser site, or contact that hyperlinked website's or advertiser site's website administrator.

Representations, Warranties, and Indemnification:

You represent, warrant and covenant to WPT that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of WPT or any third party in your use of the website; and (v) you will comply with all applicable laws, rules and regulations in your use of the website, including this Terms of Use.

You agree to indemnify and hold WPT and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers ("Indemnified Parties") harmless from any and all damages, losses, costs or expenses (including without limitation, attorney's fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) arising from, related to, or connected with your use of this website and/or the Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, WPT may, in its sole and absolute discretion, control the disposition of any third party Claim at your sole cost and expense.

Disclaimer of Warranties:

THE WEBSITE AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE WEBSITE AND/OR PROPRIETARY INFORMATION TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. WITHOUT LIMITING THE FOREGOING PROVISIONS, WPT MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE PROPRIETARY INFORMATION OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE WEBSITE AND/OR THE PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WPT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT, ALL WITH REGARD TO THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE AND/OR THE PROPRIETARY INFORMATION, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Damages:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WPT, ITS OWNERS, ITS EMPLOYEES, VOLUNTEERS, SUPPLIERS, OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, THE PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY WPT, ITS EMPLOYEES, VOLUNTEERS, SUPPLIERS, OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF WPT, ITS OWNERS, EMPLOYEES, VOLUNTEERS, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Termination and Modification of Website:

WPT may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily or permanently, at any time without prior notice.

Jurisdiction and Applicable Law:

This Terms of Use shall be governed, construed and applied in all respects by the laws of the State of New York, without regard to any provision governing conflicts of law. Any dispute arising out of, relating to, or connected with this Terms of Use or your use of the website shall be brought before the federal or state courts located in the State of New York. The use of this website provides your express consent to the personal jurisdiction and venue of such courts.