Terms of Use

This Terms of Use Agreement (the “Agreement”), as may be modified from time to time, sets forth the legally binding terms and conditions for your use of the Content and Website that are licensed, owned, or operated by GlobalAustin, a Texas not-for-profit, which operates as GlobalAustin including, without limitation, the www.internationalaustin.org, internationalaustin.com, internationalaustin.net website and domain name, and any other linked pages, features, content, or applications offered by GlobalAustin (collectively referred to as “the Website”). By accessing and/or using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website, including, without limitation, through a mobile or other wireless device, or otherwise use the Website without being registered) or you are a “Registered Member User” (which means you have registered as a Member with the Website). The term “User” refers to a Visitor or a Registered Member User. You are authorized to use the Website (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Registered Member User and/or making use of the Website, you must indicate your acceptance of this Agreement during the registration process.


Acceptance of Terms

 

GlobalAustin reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. In addition, some features of the Website may be subject to additional terms and conditions promulgated by GlobalAustin from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. If you do not agree to be bound by this Agreement and to abide by all Applicable law, you must discontinue use of the Website immediately.


1.    Eligibility


Use of the Website and registration as a Registered Member User for the Website (Membership) is void where prohibited. By using the Website, 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) your use of the Website does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have violated any conditions of use. Any termination will be effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.


2.    Rules and Conduct


a.    This Agreement, and any posted revision of this Agreement, shall remain in full force and effect while you use the Website or are a Registered Member User. You may terminate your Membership at any time, for any reason. GlobalAustin may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.  As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Agreement. The Website (including, without limitation, any Content, or Registered Member User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website. For purposes of the Agreement, the term “Content” includes, without limitation, any information regarding advertisements, articles, artists, blog entries, book pages, cities, comments, communication between Registered Users, e-newsletters, feeds, festivals, genres, graphics, images, live shows, pictures, posts, radio hosts, radio shows, radio stations, scripts, software, songs, text, tours, venues, videos, and other content interactive features generated, provided, posted, or otherwise made accessible on or through the Website. All of the Content featured or displayed by the Website is owned by GlobalAustin, its licensors, vendors, agents, and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

b.    By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Website, that:


i.    infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

ii.    constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

iii.    involves commercial activities and/or sales without GlobalAustin’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

iv.    contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of The Website or any third party; or
v.    impersonates any person or entity, including any employee or representative of GlobalAustin.



c.    Additionally, you shall not:


i.    take any action that imposes or may impose (as determined by GlobalAustin in its sole discretion) an unreasonable or disproportionately large load on the Website’s (or its third party providers.) infrastructure

ii.    interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website

iii.    bypass any measures GlobalAustin may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run any form of auto-responder or “spam” on the Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.

iv.    You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

v.    GlobalAustin reserves the right to remove any Content from the Website or from another feature of the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if GlobalAustin is concerned that you may have violated the Agreement), or for no reason at all.



3.    Registration


a.    As a condition to using certain aspects of the Website, you will be required to register with the Website and select a password and screen name (“Registered Username”). You shall provide GlobalAustin with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your GlobalAustin account. You shall not


i.   select or use as a Registered Member Username a name of another person with the intent to impersonate that person

ii.  use as a Registered Username a name subject to any rights of a person other than you without appropriate authorization

iii. use as a Registered Member Username a name that is otherwise offensive, vulgar or obscene. GlobalAustin reserves the right to refuse registration of, or cancel a Registered Member Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Registered Member Username password. You shall never use another user’s account without such other user’s express permission. You will immediately notify GlobalAustin in writing of any unauthorized use of your account, or other account related security breach of which you are aware.


4.    Third Party Sites


GlobalAustin may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Website. When you access third party websites, you do so at your own risk. These other websites are not under GlobalAustin’s control, and you acknowledge that GlobalAustin is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GlobalAustin, the Website, or any association with its operators. You further acknowledge and agree that GlobalAustin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

5.    GlobalAustin and Website Content


a.    You agree that the Website contains Content specifically provided by GlobalAustin, its partners, or its Registered Member Users, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Website. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

b.    You may, to the extent GlobalAustin expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from GlobalAustin, or from the copyright holder identified in such Content’s copyright notice.



6.    Registered User Content from Third Party Sites


a.    Through your account with GlobalAustin (“GlobalAustin Account”), you may be able to access, link to and display Content on or from your GlobalAustin Account and your accounts or profiles with third party sites (“Registered Member User Content”); you represent, warrant and agree that with respect to Registered Member User Content on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site and Registered Member User Content. GlobalAustin may allow you to specify the Registered Member User Content that will be accessed, linked to and displayed on or through your GlobalAustin Account.
b.    GlobalAustin may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) Registered Member User Content to GlobalAustin (the “Registered User Submissions”). By posting Registered User Submissions on or through GlobalAustin:


i.    You hereby do and shall grant GlobalAustin a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the Registered Member User Submissions in connection with GlobalAustin, the Website, and GlobalAustin (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites).

ii.    You also hereby do and shall grant each user of the Website a non-exclusive license to access your Registered Member User Submissions through the Website, and to Use such Registered Member User Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to GlobalAustin does not affect your other ownership or license rights in your Registered Member User Submission(s), including the right to grant additional licenses to the material in your Registered Member User Submission(s), unless otherwise agreed in writing

iii.    You represent and warrant (and will promptly demonstrate to GlobalAustin’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such Registered Member User Submissions and that disclosure and Use of such Registered User Submissions by GlobalAustin  (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on GlobalAustin; and (c) that You are authorized to grant all of the aforementioned rights to the Registered Member User Submissions to GlobalAustin and all users of the Website.

iv.    You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any Registered User Submissions on the Website.
v.    You understand that GlobalAustin shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website or otherwise through GlobalAustin is the sole responsibility of the person from which such content originated and that GlobalAustin will not be liable for any errors or omissions in any content; and that GlobalAustin cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.

vi.    GlobalAustin does not endorse and has no control over any Registered User Submissions. GlobalAustin cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

vii.    GlobalAustin has the right, but not the obligation, to monitor the Content and Registered User Submissions. GlobalAustin may remove any Registered User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Registered Member User Submission), or for no reason at all.

viii.    Under no circumstances will GlobalAustin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available by GlobalAustin.

 

7.    Warranty Disclaimer


a.    GlobalAustin has no special relationship with or fiduciary duty to you. You acknowledge that GlobalAustin has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GlobalAustin from all liability for you having acquired or not acquired Content through GlobalAustin or otherwise through the Website. GlobalAustin or other features of the Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GlobalAustin makes no representations concerning any content contained in or accessed through the Website, and GlobalAustin will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.

b.    GlobalAustin will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on GlobalAustin’s equipment, transmitted over networks accessed by GlobalAustin, or otherwise connected with your use of the Website.


8.    Indemnification


a.    You shall defend, indemnify, and hold harmless GlobalAustin, its affiliates and each of its, and its affiliates’, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to GlobalAustin, the Website, Content or otherwise from your Registered User Submissions, (ii) your violation of the Agreement, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. GlobalAustin reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GlobalAustin in asserting any available defenses.


9.    General Content Disclaimer


a.    The Content provided by or through the Website is for entertainment purposes only, and should not be relied upon. GlobalAustin makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Website. By using the Website, you agree that GlobalAustin shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Website. Your use of or reliance on any Content is at your own risk.


10.    No Authorization Where Illegal
Accessing the Website is prohibited from territories where the Website or any Content is illegal; you are responsible for compliance with local laws.


11.    Miscellaneous
This Terms of Use Agreement has been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Texas.

Notwithstanding any of the foregoing, nothing in this Terms of Use Agreement will serve to preempt the promises made in the GlobalAustin Privacy Policy.

Privacy Policy
GlobalAustin takes your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the www.globalaustin.org website and domain name, (collectively known as “GlobalAustin”, “We”, “Us”), and/or using any other linked pages, features, content, or application services offered from time to time by GlobalAustin in connection therewith (collectively “the Website”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.


1.    This Privacy Policy covers GlobalAustin’s treatment of personally identifiable information (“Registered User Information”) that GlobalAustin gathers when you access the Website and/or use some other features of the Website. This policy does not apply to the practices of companies that GlobalAustin does not own or control, or to individuals that GlobalAustin does not employ or manage.
2.    Registered User Information Collection
The information we gather enables us to personalize and improve our services. We collect the following types of information from our users:

 

a.    Registered User Information You Provide to Us

 

i.    We receive and store any information you enter on the Website or provide to GlobalAustin in any other way. The types of Registered Member User Information collected include your full name, email address, birthday, location, IP address, browser information, username, password and any other information necessary for us to provide the Website, including the usernames and passwords for your accounts and profiles on third-party sites with which the Website interoperates. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Registered User Information you provide is used for such purposes as answering questions, sending event updates, and communicating for general and specific purposes.

 

b.    Registered User Information Collected Automatically

 

i.    We receive and store certain types of information whenever you interact with the Website or any features of the Website. GlobalAustin automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested.

ii.    More generally, the Website automatically collects usage information, such as the numbers and frequency of visitors to our Website. GlobalAustin only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use features of the Website, so that we can make the Website appealing to as many customers as possible, and improve the Website. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use the Website. We share this type of statistical data so that our partners also understand how often people use the Website, so that they, too, may provide you with an optimal online experience. Again, GlobalAustin will never disclose aggregate information to a partner in a manner that would identify you personally.

 


Sharing Registered User Information You Provide
Registered User Information about our customers is an integral part of our business. We neither rent nor sell your Registered User Information to anyone. We share your Registered User Information only as described below.


1.    GlobalAustin Member Account information including username, password, email address, location, and other information you enter (“Registered User Information”) may be displayed to other users to facilitate user interaction within the Website. User’s email addresses will not be directly revealed to other users by GlobalAustin, except, if the user has chosen to include their email address in their User Profile. Any Registered Member User Information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your display name may be displayed to other users when you upload images or videos or send messages through the Website and other users can contact you through messages and comments. Any images, captions, physical descriptions, personal interests or other content that you submit to the Websites may be redistributed through the Internet and other media channels, and may be viewed by the general public. 
2.    Business Affiliates


a.    We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Website. In other situations, GlobalAustin may provide services, or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Registered User Information that is related to such transactions with that affiliated business.

b.    We will not share, sell, rent, swap or authorize any third party to use your e-mail address for commercial purposes without your permission. If you feel you have received an e-mail from us in error, please contact calendarcoordinator@globalaustin.org



3.    Account and Service-Related E-Mail. GlobalAustin reserves the right to send you e-mail relating to your account status. This includes notifications about major changes to the NYT Services and/or to our Privacy Policy. If you have registered artists/live show/festival/tour notifications, you may receive e-mail specific to that end.
4.    E-Mail Newsletters. GlobalAustin offers e-mail newsletters to Registered Users. You can unsubscribe from e-mail newsletters from your GlobalAustin account.
5.    Promotional E-Mail. We may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. You can choose not to receive messages in the future.

6.    From time to time, GlobalAustin may obtain e-mail addresses from third party sources to be used for promotional e-mails. You can choose not to receive messages in the future.



Protection of GlobalAustin and Others
We may release Registered User Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of GlobalAustin, our employees, our Users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent, except as set forth above, you will be notified when your Registered User Information may be shared with third parties, and will be able to prevent the sharing of this information.


Security


1.    Your GlobalAustin account Registered User Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Registered User Information by selecting and protecting your password appropriately and limiting access to your computer and browser by logging out after you have finished accessing your account.

2.    GlobalAustin endeavors to protect user information to ensure that user account information is kept private. However, GlobalAustin cannot guarantee the security of Registered User Information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Registered User Information at any time

3.    The Website contains links to other sites. GlobalAustin is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website.
4.    Please be aware that whenever you voluntarily post information to public areas on the Website or any other public forums, such information can be accessed by the public.
5.    As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of the Website or other features of the Website. You are able to add or update certain information on pages. You may also request deletion of your GlobalAustin account. Please note that some information may remain in our records after deletion of your account.

6.    When you register for an account at our Website, you consent to receive email or other communications from us; if you do not wish to receive such communications, you should not register for an account at our Website. Please note that if you choose not to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.



Privacy Policy Changes
GlobalAustin may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Registered User Information, we will notify you by posting an announcement on our Website or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Website after such changes have been first posted.

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