Austin Monitor Terms of Service

AUSTIN MONITOR TERMS OF SERVICE
(Rev. 1.1. Last Updated: November 30, 2021)
1. General Rules and Definitions
1.1 This page describes the terms and conditions that govern your use of the Austin Monitor web application at www.austinmonitor.com (the “Site”). Your use of the Site is governed by this Terms of Service Agreement, and by your use of the Site you accept and acknowledge the Terms of Service Agreement and the Austin Monitor Privacy Policy.
1.2 The Capital of Texas Media Foundation (“COTMF”), a Texas non-profit corporation, owns the Austin Monitor and is not considred a third party for purposes of this Terms of Service Agreement (the “Agreement”). Any reference to the “Austin Monitor” in this document includes Austin Monitor employees, contractors, owners, agents, licensors, or licensees, including COTMF and its directors, officers, employees, contractors, owners, agents, licensors, or licensees. The words “we,” “us,” “our,” and any other variation thereof refer to the Austin Monitor as just defined.
1.3 The term “Site” includes all websites that we operate or offer that link to this Agreement, pages within each such website, any equivalent, mirror, replacement, substitute, or backup website, and pages that are associated with each such website. The Austin Monitor provides various tools and functions through the Site that allow Users (defined below) to obtain or share information, among other things.
1.4 The term “Services” includes the Site and any other features, content, websites, mobile applications, software, services or applications offered from time to time by the Austin Monitor in connection with the Site.
1.5 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.6 IF ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO: INFO@AUSTINMONITOR.COM SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS.
1.7 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
1.8 Our Privacy Policy is hereby incorporated by reference into this Agreement. The Privacy Policy may be updated form time to time at our discretion and changes will be effective upon our posting to the Site. A copy of the Privacy Policy can be found at https://www.austinmonitor.com/privacy-policy/.
2. Content on the Services
2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by the Austin Monitor or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from the Austin Monitor or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned or licensed to the Austin Monitor.
3. Access and Availability of Services and Links
3.1 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of such site.
4. Representations and Warranties
4.1 You represent, warrant and covenant that you are at least thirteen years old.
4.2 Austin Monitor does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
5. Indemnification
5.1 You agree to indemnify and hold harmless the Austin Monitor from and against from any loss, liability, claim, or demand, including, without limitation reasonable attorneys’ fees incurred by the Austin Monitor in connection with any claim, made by any third party due to or arising out of (a) your use of or reliance on any Content, (b) any breach by you or any user of your accountof these Terms of Service, or (c) any breach by you or any user of your account of the foregoing representations and warranties.
5.2 You shall cooperate as fully as reasonably required in the defense of any such claims. The Austin Monitor reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. Registration and Security
6.1 As part of the registration or account creation process, you will create login credentials by providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Austin Monitor Services if you share your login credentials. You may not (i) select or use the login credentials of another person with the intent to impersonate that person or (ii) use login credentials in which another person has rights without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
6.2 Please notify info@austinmonitor.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your login credentials or credit card information.
6.3 You must be 13 years or older to subscribe to all parts of the Services.
6.4 You are responsible for all usage or activity on your Austin Monitor account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
7. Fees and Payments
7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Services. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you and are non-refundable. You shall pay all applicable taxes relating to use of the Services through your account.
8. Communications Between the Austin Monitor and Users
8.1 The Austin Monitor reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Services.
8.2 The Austin Monitor reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Site may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.
8.3 The Austin Monitor may contact you via electronic mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
9. Software Licenses
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by the Austin Monitor, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
10. Termination
10.1 You may terminate your account at any time by info@austinmonitor.com. Upon termination, you will receive notice from the Monitor.
10.2 The Austin Monitor may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
11. Miscellaneous
11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the state of Texas without regard to its conflict of law provisions that would result in the application of law of another jurisdiction. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Austin, Texas.
11.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in the Austin Monitor Privacy Policy.
11.3 Correspondence should be sent to info@austinmonitor.com.
11.4 You agree to report any copyright violations of the Terms of Service to the Austin Monitor as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Austin Monitor Services, please notify info@austinmonitor.com (Please direct all general questions to info@austinmonitor.com.)