Privacy

This Privacy Policy (this “Policy”) applies to the website located at http://www.austinmusicweekly.com (the “Site”), which is owned and operated by River City Live, LLC, a Texas limited liability company (“Company”, “us”, “we”, or “our”).

We understand that your privacy is very important.  This Policy explains what information we collect about you and what we do with it. 

Carefully read each and every term and condition of this Policy in its entirety (as it may be modified by Company from time-to-time).  Your access and use of the Site in any way is evidence of your awareness and acceptance of this Policy (as it may be modified by Company from time-to-time). 

Company may update, revise, supplement, amend, waive or otherwise modify this Policy from time-to-time, and at any time, by posting such updates, revisions, supplements, modifications or amendments (collectively, “Modification”, “Modifications”, “Modify”, or “Modified”) on the Site.  Any such Modification shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made.  Company will provide You with notice of any Modifications through Your account with the Site; however, You are solely responsible for monitoring and reviewing all Modifications.  Thus, Company encourages you to check this page periodically for any Modifications.  Your access and use of the Site in any way after any Modification is posted on the Site is evidence of your acceptance of such Modification. 

If You do not agree to any terms or conditions of this Policy (as it may be Modified from time-to-time), then You are strictly prohibited from accessing or making any use of the Site or any goods or services provided or to be provided under or in connection with the Site.

A Special Note About Minors: 

If You are under the age of eighteen (18) years, then You are strictly prohibited from accessing or making any use of the Site or any goods or services provided or to be provided under or in connection with the Site or this Policy.  Persons under the age of eighteen (18) years must not subscribe to, access or make any use of the Site or submit any information to us.

Types of Information We Collect:

We collect personal information that you provide to us when you register or subscribe to the Site and its various services, when you log-on to certain areas of the Site that require you to submit your user name and password as a condition to gaining access to that area of the Site, when you order or purchase a product or service through the Site, or when you respond to an online survey.  This information may include the following:

  • Your name, street address, e-mail address, and telephone number.
  • Your age.
  • Your gender.
  • Your internet protocol (or IP) address(es).
  • Anonymous demographic information, such as your zip code.

We also employ automated data collection processes, which may track your activities related to the Site.  These processes include:

  • Cookies, which are pieces of information generated by online servers and stored in your computer for future access.  Cookies may record information you access on one page of the Site to simplify subsequent interaction with the Site, or to help streamline your transactions on related pages of the Site.
  • Web beacons, web bugs, tracking bugs, single-pixel (or 1x1) GIF images, clear gif images, pixel tags, and/or similar technologies (collectively, “Web Beacons”), which are objects embedded in a webpage or e-mail and usually invisible to the Site’s visitors, and that collect information like cookie numbers, dates and times of webpage viewings, dates and times of e-mail viewings and transmissions, and descriptions of the webpages or e-mails whereon the Web Beacons reside.

In addition, if you send us a comment or other communication (such as e-mails, letters, facsimiles, phone calls, or voice messages), or if a third party sends us a comment or other communication (such as e-mails, letters, facsimiles, phone calls, or voice messages) about you or your activities on the Site, then we may collect the same into a file that is accessible only by authorized Company personnel or representatives.

Use of Information We Collect:

We use personal information and other demographic or profile information that you provide us to:

  • Contact you when necessary;
  • Fulfill your order(s) or request(s);
  • Process your subscription payments;
  • Improve our content, products and services;
  • Display content according to your preferences;
  • Provide you with information about us and third-party companies, products and services, which, in some cases, we think may be of interest to you, such as content, banners, and promotions;
  • Better tailor your experience with the Site;
  • Analyze traffic to the Site;
  • Monitor your activities and the activities of others on the Site;
  • Improve our marketing efforts; and
  • Protect our rights and properties, and the rights and properties of our owners, officers, directors, agents, employees, and clients (which may include you).

We also use such information when otherwise required by law.

Sharing of Information With Third Parties:

Unless you consent otherwise, we will not share, sell, license, trade or disclose your personal information with any third parties other than those identified in this Policy.  Notwithstanding the foregoing, we may share or disclose your personal information with the following persons and entities:

  • Our parent, subsidiary and affiliated companies.
  • Third-party service providers who manage certain aspects of the Site and the Site’s products and services (including, without limitation and by way of example only, web hosting company(s), credit card or other payment processing company(s), and support services company(s)).
  • Third parties into which Company is merged or consolidated, or to which Company’s assets or operations (which may include the Site) have been sold, conveyed, assigned or otherwise transferred, all of which shall be subject to this Policy.  We will notify you about any such change in ownership or control of your personal information via e-mail or a prominent notice on the Site.

Notwithstanding the foregoing, we may share or disclose your personal information when required to do so by law, court order or other governmental authority (including without limitation and by way of example only, in response to a subpoena, or in response to a law enforcement agency’s request), or when we believe in good faith that such sharing or disclosure is otherwise necessary or advisable (including, without limitation and by way of example only, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights, obligations or properties of Company, another user of the Site, or anyone else who may be harmed by such activities).

Information Submitted In Forums:

The Site may offer, or offer access to, certain chat rooms, instant messengers, weblogs, bulletin boards, message boards, comment boards, news groups, and/or other public or private forums and social media platforms (collectively, the “Forums”).  Any information that you or a third party discloses in the Forums becomes (and shall be deemed) public information.  Thus, you should exercise caution in deciding whether to disclose personal or other information in the Forums, and you do so at your own risk.

Cookies:

As explained above, we use cookies.  Most major web browsers are set up so that they will initially accept cookies, but you might be able to adjust your computer’s or web browser’s preferences to issue you an alert when a cookie is downloaded, or to disable the ability of third parties to download a cookie to you.  Please be advised that if you choose to reject all cookies, then certain areas of the Site may not function properly.

Web Beacons:

As explained above, we may use Web Beacons.  Disabling your computer’s or web browser’s cookies might prevent some Web Beacons from tracking your activities on the Site or in e-mails to which we may be a party, or from recording certain information about your activities on the Site or e-mails to which we may be a party.  Please be advised that if you choose to reject all cookies and/or Web Beacons, then certain areas of the Site may not function properly.

Security:

We are committed to maintaining the security of your personal information, and have measures in place to help protect against the unauthorized disclosure, loss, misuse or alteration of such information under our control.  Although “perfect” or “100%” security does not exist on the Internet, or elsewhere, we will work hard to help prevent the unauthorized disclosure, loss, misuse or alteration of such information.  For example, all such information is stored in a secured area behind a firewall with limited administrative access. 

To help us maintain the security of your personal information, we ask that you please refrain from disclosing your user name and password associated with the Site to others, and from posting, sharing or otherwise disclosing in the Forums any personal or other information that you do not wish for others to know.  Further, we ask that you please notify us immediately of any unauthorized access of, use of or download of content from the Site, or if your user name or password has been lost, disclosed or otherwise compromised for any reason.  If your user name or password has been lost, disclosed or otherwise compromised for any reason, then, in addition to the foregoing, please change your user name and password immediately.

Application of This Policy to Linked Sites:

You may be able to link from the Site to third-party websites (collectively, “Linked Sites”).  This Policy does not apply to the Linked Sites.  We are not responsible for the availability of or content found on the Linked Sites, or for the privacy policies of such Linked Sites (if any).  You should make sure that you read and understand the privacy policies of the Linked Sites before you subscribe, access, use or download content from the Linked Sites, and direct any concerns you may have about the Linked Sites to their respective website administrators, webmasters or other persons whom the Linked Sites may designate as an appropriate contact persons.

Updates and Deletions:

You may update or delete your personal information from our database at any time:

  • In the “My Account” area of the Site;
  • By sending an e-mail to customerrelations@austinmusicweekly.com; or
  • By selecting the opt-out link found in any information requests from the Site (when applicable) and following the instructions provided (when applicable).

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information up to date.

Modifications of This Policy:

We reserve, and shall have, the exclusive right to Modify this Policy, in whole or in part, from time-to-time, and at any time, by posting such Modifications on the Site.  Any Modification shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made.  You are solely responsible for monitoring and reviewing all Modifications.  Your access and use of the Site in any way after any Modification is posted on the Site is evidence of your acceptance of such Modification. 

Location:

The Site and its server(s) are located in the United States of America.  If you are visiting the Site from outside the United States of America, then you are on notice that your information may be transferred to, stored and/or processed in the United States of America.  The privacy laws, data protection laws and other laws of the United States of America and other countries may not be as comprehensive as those in your country. 

Governing Law; Jurisdiction; Venue:

This Policy shall be governed, interpreted and enforced in accordance with the laws of the State of Texas and applicable federal law of the United States of America, regardless of the place of its execution or performance and any conflicts of law analysis.  For the avoidance of any doubt, The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Policy. the parties irrevocably agree, consent and otherwise submit to the exclusive jurisdiction of a court of appropriate jurisdiction located in Travis County, Texas, United states of America for the adjudication of any dispute, controversy or claim arising from or in connection with this Policy. 

Severability:

If any term or condition of this Policy is held invalid or unenforceable by a court of competent jurisdiction, then said term or condition shall be severed from this Privacy Policy and the remaining terms and conditions shall not be affected.

Contact Us: 

Please direct any questions or comments you may have about this Policy or our privacy practices to the following:

River City Live, LLC
Attn:  Privacy Department
300 W. 6th Street, STE 2030
Austin, Texas 78701
E-mail:  privacy@austinmusicweekly.com

The foregoing contact information may change from time-to-time.

Effective:  November 24, 2010

 

COPYRIGHT INFRINGEMENT CLAIMS

 

River City Live, LLC, a Texas limited liability company (“Company”), owns and operates the website located at http://www.austinmusicweekly.com (the “Site”).  Company respects the copyrights of others and discourages any conduct which violates the copyrights of others.

Takedown Notice: 

Pursuant to 17 U.S.C. § 512(d)(3), to report any information location tool (including a directory, index, reference, pointer, or hypertext link) found on the Site that refers or links users to an online location containing infringing material or infringing activity, you must send Company a written communication that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the reference or link to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s Copyright Administrator: 

The foregoing written communication (i.e., the above-described takedown notice) must be sent to the following agent of Company:

Luke Borders
Copyright Administrator
River City Live, LLC
300 W. 6th Street, STE 2030
Austin, TX 78701
Tel.:  (512) 673-7511
E-mail:  copyright@austinmusicweekly.com

Disclaimers: 

Company suggests that you consult with your attorney before you send the foregoing written communication (i.e., the above-described takedown notice).  Any person who knowingly materially misrepresents that any material or activity is infringing may expose himself/herself/itself to liability.  See 17 U.S.C. § 512(f).

Company will show zero tolerance towards any person who it believes in good faith violates the copyrights of others, especially those who Company may identify as repeat infringers.  Accordingly, pursuant to 17 U.S.C. §§ 512(g)(1) and 512(i)(1)(A), Company reserves the right in appropriate circumstances to deny the right or ability of any person or entity who Company may identify as an infringer or repeat infringer of the copyrights of others to access or use the Site.

Dated:  November 24, 2010