The NowPlayingAustin web site is provided as a public service for dissemination of information about the arts and entertainment in the Austin/Central Texas region. In general, NowPlayingAustin.com may receive personal information about users, and posting information which is information other than personal information and provided for dissemination on or through the NowPlayingAustin.com web site or organization services. References to personal information mean a person’s name, address, telephone number, email address. NowPlayingAustin.com will not accept social security number or credit card information. Such financial information may be requested by linked sites, and is subject to the privacy policies of the linked site. Posting information is provided voluntarily for use by NowPlayingAustin.com in any manner it deems appropriate, in its sole discretion. Receipt by NowPlayingAustin.com of any information or material from a user does not constitute a commitment by NowPlayingAustin.com to use or maintain the information in any fashion. Users are responsible for the accuracy of information provided to NowPlayingAustin.com.
All information which is submitted to NowPlayingAustin.com will be subject to the following privacy policies.
NowPlayingAustin.com currently requires registration and/or form submissions for use of the following services:
NowPlayingAustin.com Weekly Newsletter
Artist Profiles Registration (requires login and password)
Class & Workshop Submissions
NowPlayingAustin.com registration forms require users to submit certain personal contact information (such as name and email address). Such personal information is used (a) to distribute to the registrant information he or she has requested, and (b) to contact a user in relation to his or her account or submission. Reasons for contacting users include problems with the account or submission, changes to our site which require action on the user’s part, or informing a user of additional services specifically related to the services for which the user has already registered. If you do not wish to provide us with any personal information, you may still access and use much of the site; however you will not be able to access and use those portions of the site that require you to provide your contact information.
Users may, at any time, unsubscribe from our mailing list, delete an account, or request that an event, job, or audition they have submitted be removed from the site.
Statistical information regarding user traffic is collected by our web host and provided to NowPlayingAustin.com . The statistical information is both used for internal purposes and reported to advertisers and other strategic and potential affiliates. Advertisers receive only information on an aggregate, rather than an individual basis. A user’s individual email address will never be disclosed to any third-party, unless we have received the user’s explicit permission to do so. NowPlayingAustin.com may, at any time, delete information received from users from the NowPlayingAustin.com site without notice.
Third-Party Advertising and Content
Credit Card Information
Feedback and Testimonials
Any comments, feedback, or testimonials provided to NowPlayingAustin.com regarding its services may be used by NowPlayingAustin.com to improve its services, for promotional use, and/or to establish or maintain relationships with strategic affiliates and/or advertisers, and becomes the property of NowPlayingAustin.com . If you have any comments, feedback, or testimonials you wish to provide to NowPlayingAustin.com, please contact us at email@example.com.
Tell-A-Friend Email Form
NowPlayingAustin.com offers users the ability to email page links and personal messages from our site to friends or family. This function is provided solely to allow users to recommend content they have found on this web site to their friends. Email addresses entered into this form, whether as sender or recipient, are not captured or stored in any way, and are not added to our mailing list or provided to any third-party. This function is not intended to allow a user to “spam” or otherwise send email to any individual with whom he or she does not have a pre-existing personal relationship. If you discover that such an abuse is taking place, please contact us immediately at firstname.lastname@example.org.
Surveys and Polls
NowPlayingAustin.com may occasionally ask both registered and non-registered users to participate in online surveys. These surveys are strictly voluntary, and are not a condition to use of any portion of our web site. Our online surveys may ask users their opinions or for demographic information (such as zip code, age, or income level). This information will be used for NowPlayingAustin.com’s internal purposes and may be shared with advertisers on an aggregate basis only. We may ask for contact information if we are providing an incentive to users for completing our surveys. The contact information is kept private and only used to contact you if necessary. For example, contact information is used to contact a user if he or she is a winner in one of our contests. Survey respondents’ individual contact information will not be shared with any third-party advertiser, content provider, or merchandiser.
Graphics and Photos
NowPlayingAustin.com provides users the opportunity to upload or email images to NowPlayingAustin.com for posting in connection with an event; listings for organizations, venues, or schools; or an Artist Profile. Users are strictly prohibited from uploading any image in violation of any domestic or international copyright law. By uploading, or otherwise emailing, an image to NowPlayingAustin.com for posting on NowPlayingAustin.com .com, user represents that the material does not infringe any proprietary or intellectual property rights of any third-party, and that user has the authority to grant, and does hereby grant, to NowPlayingAustin.com a paid-up, royalty-free, nonterminable license to use, display, copy and transfer the image for and in connection with the NowPlayingAustin.com site, and the promotion of the event, organization, venue, school listing, or Artist Profile described by user in the submission form or email. NowPlayingAustin.com reserves the right to exclude information, images, or graphical content that it determines, in its discretion, to be inappropriate for posting or use for any reason.
This web site may make chat rooms, forums, message boards, and/or news groups available to our users. Some of these forums require registration, but are not monitored on a regular basis by NowPlayingAustin.com . Please remember that these are public areas, and any information that is disclosed in these areas becomes public information. You should use caution when deciding to disclose your personal information in these public forums. If a participant in any of these forums communicates inappropriately or offensively toward you and/or any other participant, please contact us immediately at email@example.com.
While NowPlayingAustin.com does post event and class/workshop information in which participants may be under the age of 18, NowPlayingAustin.com does not knowingly collect or solicit personal information from or about children under 18 except as permitted by law.
This web site has basic security and data backup measures in place to protect the loss, misuse and alteration of the information under our control.
Please see our Contact Page.
Changes to this Policy
NowPlayingAustin.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your use of this site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and policies that applied at the time the information was collected.
NowPlayingAustin.com assumes no responsibility for, and expressly disclaims, any loss, expense, claim, or liability to users arising from any error in the information posted on its web site, the loss of any information transmitted to NowPlayingAustin.com for any reason, or for any failure or malfunction of the web site.
Transfer of Information
Except for personal information, users consent to transfers to third parties of any information they submit to, at the discretion of parties without prior notification to the user and the opportunity for users to consent to or opt-out from any such disclosure or transfer. Notice is provided to a user once email notification is sent to the last email address listed with NowPlayingAustin.com by that user.
Acceptance of Terms
The web site NowPlayingAustin.com (the “Service”) contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to review at any time.
As part of our Service, NowPlayingAustin.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this web site. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by NowPlayingAustin.com . However, you may not, without the prior written permission of NowPlayingAustin.com , frame any of the content of the Service, or incorporate into another web site or other service any intellectual property of NowPlayingAustin.com , its parent or affiliate companies or its licensors.
License to NowPlayingAustin.com
By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting NowPlayingAustin.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
This Service includes links and pointers to Internet sites, content and services provided by third parties. NowPlayingAustin.com ’s linking to any third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither NowPlayingAustin.com , its parent organization nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on web sites linked to NowPlayingAustin.com . The materials, information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, NowPlayingAustin.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. NowPlayingAustin.com does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
NowPlayingAustin.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not NowPlayingAustin.com) assume the entire cost of all necessary maintenance, repair or correction.
In addition, NowPlayingAustin.com may allow you to purchase many different types of products and services online that are provided by third parties. NowPlayingAustin.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the NowPlayingAustin.com or on a site linked to by NowPlayingAustin.com, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. NowPlayingAustin.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant web site directly. You release NowPlayingAustin.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through NowPlayingAustin.com .
When you purchase products or services on or through NowPlayingAustin.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.
Use of Company Directories
The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “as is” without warranty of any kind. In no event will NowPlayingAustin.com or its suppliers be liable in any way with regard to such information.
This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to NowPlayingAustin.com and real-time interaction between users and other features, such as personalized homepages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user – you alone are responsible for the material you post. NowPlayingAustin.com does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:
Restrict or inhibit any other user from using and enjoying the Service.
Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of NowPlayingAustin.com .
Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that NowPlayingAustin.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, NowPlayingAustin.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in NowPlayingAustin.com’s sole discretion are objectionable or in violation of these Terms of Service.
To use certain features of the Service, you will need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. NowPlayingAustin.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
When you submit a classified ad (job, audition, volunteer, for sale, or other posting) for publication on NowPlayingAustin.com, you agree that the advertisement as it appears on NowPlayingAustin.com becomes the property of NowPlayingAustin.com and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to NowPlayingAustin.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. NowPlayingAustin.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall NowPlayingAustin.com, its parent organization or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, NowPlayingAustin.com materials, products, or services, or third-party materials, products, or services made available through the Service, or any part of the Service, even if NowPlayingAustin.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of NowPlayingAustin.com, its parent organization or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that NowPlayingAustin.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any NowPlayingAustin.com materials, products, or services, or with any of NowPlayingAustin.com’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
NowPlayingAustin.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
This agreement constitutes the entire agreement between NowPlayingAustin.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third-party that are provided through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.