Last modified: June 19, 2017
Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with Company (the “Subscribers”) or persons invited by Company to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.
Third Party Materials. In addition to the Products and Services offered by Company, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the “Third Party Materials”). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Materials or seek to do so.
Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:
- The Site Materials may be used solely for personal, non-commercial, informational purposes;
- The Site Materials may not be modified or altered in any way;
- The Site Materials on the Site may not be distributed or sold, rented, leased, or licensed to others;
- You may not remove any copyright or other proprietary notices contained in the Site Materials;
- Company reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company; and
- Any rights granted to you by Company constitute a license and not a transfer of title.
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of Company Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators (the “Third Party Content”), may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only.
The rights specified above i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. For example, SXSW® and SOUTH BY SOUTHWEST® are federally registered trademarks of Company. For more information about Company’s trademarks, please visit the Trademarks Guidelines page.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
User Conduct. In using the Site, including all Products and Services available through the Site, you agree as follows:
- not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites;
- not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another’s account, password, services, or systems;
- not to use any high volume or automated mechanisms (including, without limitation, robots, spiders, offline readers, harvesting bots or other mechanism) to retrieve, download, store, mine or reproduce the Site or its contents;
- not to attempt to download and/or transmit any content which you are not authorized to transmit and/or infringes on any third party’s rights;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites; and
- not to post any content that libels, defames, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling, or engages in any gambling activity.
All material you submit to the Site, including emails, becomes the sole and exclusive property of Company, and Company may reproduce, distribute, display, exhibit, and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. Company does not consider any material you make available to the public via the Site to be confidential or proprietary.
Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of any of your account numbers, account names, and/or passwords, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR THIRD PARTY CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURIES AS A RESULT OF YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. YOU AGREE THAT COMPANY’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
International Users. This Site can be accessed from countries around the world and may contain references to Company Products and Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the Export Control Laws discussed below.
Export Control Laws; Notice to U.S. Government Users. The export and re-export of Company Products and/or Services are controlled by the United States Export Administration Regulations, and such Products and/or Services may not be exported or re-exported to any country to which the United States embargoes goods. In addition, Company Products and/or Services may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By using, installing, and/or downloading any Company Product or Service you are certifying that, no matter where you currently reside, you are not a national or resident of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Most Company Products and Services are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law and Jurisdiction. This Site (excluding linked third-party sites) is controlled by Company from its offices within the State of Texas, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Austin, Texas, USA.