Last modified: June 27, 2023
The Properties are intended for lawful use by persons over thirteen (13) years of age. If you are under the age of thirteen (13) please discontinue using the Properties immediately. The Company does not knowingly collect or solicit personally identifiable information from children under thirteen (13 years of age. If you are a child under thirteen (13) years of age, please do not attempt to register for or otherwise use the Properties or Products and/or Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13) years of age, we will delete that information as quickly as possible. If you believe that a child under thirteen (13) years of age may have provided us personal information, please contact us at email@example.com.
Certain Products and/or Services available on or through our mobile Properties are available only to persons who have purchased or subscribed to them on a subscription basis (the “Subscribers”). The payment terms for any paid subscriptions will be communicated to you at the time you subscribe to such paid subscriptions. With respect to paid subscriptions, unless you opt out of auto-renewal, such paid subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. You can change or resign your paid subscriptions at any time in the manner permitted through your mobile operating system. If you terminate a paid subscription, you may use your paid subscription until the end of your then-current term, and your paid subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS FOR PAID SUBSCRIPTIONS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION IN THE MANNER PERMITTED THROUGH YOUR MOBILE OPERATING SYSTEM BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, COMPANY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Third Party Content. Various sections of the Site feature content, including, without limitation, films, musical performances, or demonstrations of Third Party Products (defined below) owned or licensed by third party creators or associated rightsholders of that content (the “Third Party Content”). Third Party Content is protected by copyright or other proprietary laws, and is for display and demonstration purposes only.
Third Party Products. In addition to the Products and/or Services offered by Company, the Properties also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third Party Products”). Third Party Products are governed by separate agreements or licenses with those third parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Products, including any liability resulting from incompatibility between Third Party Products 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 Products or seek to do so.
- The Materials may be used solely for personal, non-commercial, informational purposes;
- The Materials may not be modified or altered in any way;
- The Materials 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 Materials;
- Company reserves the right to revoke the authorization to view and/or print the Materials available on the Properties at any time, and any such use shall be discontinued immediately upon notice from Company
- Any rights granted to you by Company constitute a limited license and not a transfer of title or other rights.
The rights specified above i.e., the right to view and print the Materials are not applicable to the design or layout of the Properties. Elements of the Properties 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 (“Mark(s)”) displayed on the Properties 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, which is available here.
You are prohibited from posting or transmitting to or from the Properties 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. By using the Properties, you agree to the SXSW Code of Conduct, which is available here.
User Conduct. In using the Properties, including all Third Party Content and any Products and/or Services, you agree as follows:
- not to disrupt or interfere with any other user’s use or enjoyment of the Properties, any affiliated or linked sites or any Products and/or Services;
- not to upload or otherwise transmit through the Properties any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity or otherwise engage in activity that is deceptive or fraudulent in any manner;
- not to use or attempt to use or access another’s account, password, services, or systems to access the Properties;
- not to use any high volume or automated mechanisms (including, without limitation, robots, scrapers, spiders, offline readers, harvesting bots or other mechanism) to retrieve, download, store, mine or reproduce the Properties or the Material;
- 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, including, without limitation, the Third Party Content;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Properties, or any Products and/or Services, Materials, Third Party Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Properties or any affiliated or linked sites;
- not to post any content that libels, defames, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits or engages in gambling;
- not to run Maillist, Listserv, any form of auto-responder or “spam” or any processes that run or are activated while you are not logged into the software or Products and/or Services.
All material you submit to the Properties (excluding any materials you submit through Company's shopping cart to apply to participate in an event or any music or film submission), 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. Any information that you make available to the public via the Properties is considered Non-Confidential Information.
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 used to access the Properties or any Products and/or Services. If you become aware that any account numbers, account names and/or passwords have been obtained by any other person or otherwise misused, you will notify the Company as soon as possible.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THE PROPERTIES, THE MATERIALS AND ALL PRODUCTS AND/OR SERVICES 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 PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE PRODUCTS AND/OR SERVICES OR ANY DEFECTS IN THE PROPERTIES, THE MATERIALS, OR PRODUCTS AND/OR SERVICES, WILL BE CORRECTED.
THE PROPERTIES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE PROPERTIES, MATERIALS, OR PRODUCTS AND/OR SERVICES AT ANY TIME IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND/OR SERVICES, AT ANY TIME WITHOUT NOTICE. THE PROPERTIES, MATERIALS AND PRODUCTS AND/OR SERVICES MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH PROPERTIES, MATERIALS, OR 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 PROPERTIES OR THE PRODUCTS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE PROPERTIES; (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. IN THOSE STATES, 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 SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, 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 THE PROPERTIES, THE MATERIALS OR PRODUCTS AND/OR SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE PROPERTIES, 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 PROPERTIES THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THE PROPERTIES. YOU AGREE THAT COMPANY’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE PROPERTIES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
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.
Arbitration. Company is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.
You and Company agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, or any companies offering Products and/or Services through us (which are beneficiaries of this arbitration agreement). If Claims qualify for small claims court, those claims will be brought exclusively in small claims courts located in Austin, Texas. In addition, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by AAA will be paid by Company (unless the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose). Further, if AAA determines that you are unable to pay any part of the filing fee, then Company will pay that part too.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial. All arbitrations conducted hereunder will be conduct in the English language in Austin, Texas.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim(s) to “SXSW: General Counsel,” at CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, TX, 75201. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.
International Users. The Properties can be accessed from countries around the world and may contain references to Products and/or Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products and/or Services in your country. The Properties are controlled, operated, and administered by Company from its offices within the United States of America. Access to the Properties from territories where the Properties or any of the Materials or Products and/or Services are illegal is prohibited. If you access the Properties 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 and/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.
I use the SXSW App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
SXSW 2018 Archives: 6/19/17