Introduction
B-Side Entertainment, Inc. ("B-Side") has created this Privacy Policy in order to disclose its use of consumer data collected about you. This Privacy Policy is effective as of September 1, 2005. Any questions regarding this policy should be directed by email to privacy@bside.com. You may also contact B-Side at 815 Brazos Street Suite 300, Austin, TX 78701. The following discloses B-Side's information gathering and dissemination practices for its marketing website.
Information Collected and Received
B-Side may collect or receive information about each person who registers with the B-Side website including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. B-Side also collects information on the pages you access and other information you may volunteer, such as survey information.
Uses of Information
WE WILL NEVER SELL YOUR EMAIL ADDRESS, OR ANY OTHER PERSONAL INFORMATION, TO ANY THIRD PARTY. EVER.
Except as described in this section, we will not disclose your personal information to any third party without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared.
From time to time, we may partner with companies based on the interests of our users. These partner companies will never see your email address or any other information that could identify you or be used to contact you directly.
Any exceptions to this policy of sharing your name, address or email address with a partner company will be done only with your permission.
B-side reserves the right to disclose information when required by law.
We occasionally use other companies to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.
B-Side may use your IP address to help diagnose problems with B-Side's server and to administer B-Side's web site. Your IP address may also be used to help identify you and your online profile and to gather broad demographic information.
B-Side's site's registration form requires users to give B-Side contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). B-Side uses customer contact information from the registration form to send the user information about B-Side and promotional material from some of B-Side's partners. The customer's contact information is also used to contact the user when necessary. B-Side may use demographic and/or profile data to tailor the visitor's experience on B-Side's site, show the visitor content that B-Side thinks you may be interested in, and display content according to your preferences. The demographic and profile data will be shared with advertisers ONLY on an aggregate basis.
We may also disclose, on an anonymous basis, statements made by our customers.
Security
B-Side uses industry-standard technologies when transferring and receiving consumer data exchanged between B-Side and other companies to help ensure its security. This site has security measures in place to protect the loss, misuse and alteration of the information under B-Side's control. B-Side's servers are backed up regularly and protected by security systems.
Cookies
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. B-Side's site uses cookies to keep track of your session, shopping cart, and advertising delivery. B-Side may also use cookies to deliver content specific to your interests and to save your password. B-Side may use an outside ad company to display ads on B-Side's site. These ads may also contain cookies. While B-Side uses cookies in other parts of B-Side's web site, cookies received with banner ads are collected by B-Side's ad company and B-Side does not have access to this information.
Links
B-Side may create links to other web sites. B-Side will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual's right to privacy. However, many other sites that are not associated or authorized by B-Side may have links leading to B-Side's site. B-Side cannot control these links and B-Side is not responsible for any content appearing on these sites.
Amendments
B-Side may amend this policy at any time. If B-Side is going to use personally identifiable information collected through B-Side's corporate site in a manner materially different from that stated at the time of collection B-Side will notify users via email and/or by posting a notice on B-Side's Web site for 30 days prior to such use. This Agreement may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.
Contacts
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this web site, you can contact privacy@bside.com. Upon request, B-Side will provide you with access to information (e.g., name, address, phone number) that B-Side collects and maintains about you. This site gives you the following options for changing and modifying information previously provided: (i) email: privacy@bside.com; or (ii) visit www.bside.com. There you can also log into your account to update your contact information.
Communication & Opt-Out
B-Side occasionally emails registered users with information on new releases on bside.com or updates on B-Side festival sites the user has visited. Additionally, B-Side users can select to receive or disable more specific notifications by logging in and editing their user profiles.
B-Side provides users the opportunity to opt-out of receiving communications from B-Side. To opt-out of receiving our communications, you can (i) submit your email address in the following form; (ii) send email to remove@bside.com; or (iii) send postal mail to: 815 Brazos Street Suite 300, Austin, TX 78701.
All Pages Copyright (c) 2005, B-Side Entertainment, Inc. All Rights Reserved.
U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of B-Side's proprietary rights in them. B-Side web site pages may contain other proprietary notices and copyright information which should be observed.
TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS.
1. This web site ("Site") is owned and operated by B-Side Entertainment, Inc. (referred to as "B-Side" herein). The Site and its contents may only be accessed for personal use. No material from B-Side or any web site owned, operated, licensed or controlled by B-Side may be used for any commercial or resale purposes. Furthermore, not materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of B-Side's copyright and other proprietary rights.
2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to B-Side or other respective owners which have granted B-Side the right and license to use such Marks. Any use of movie listings, content, or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
3. While B-Side uses reasonable efforts to include accurate and up-to-date information on the Site, B-Side makes no warranties or representations as to its accuracy. B-Side assumes no liability or responsibility for any errors or representations in the content of this Site.
4. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the "External Sites"). You acknowledge that B-Side is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided, the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. B-Side has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
6. If you post content or submit material you grant B-Side and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant B-Side, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify B-Side and its affiliates from any claims resulting from any content or materials you provide hereunder.
7. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. B-Side may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
8. You shall not transmit to B-Side or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
9. Password. You may not use your password for any unauthorized purpose.
10. Termination. We may terminate your access to our Site for any reason.
11. The materials on this Site are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of B-Side's proprietary rights in them.
12. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. B-SIDE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, B-SIDE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
13. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL B-SIDE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF B-SIDE OR AN B-SIDE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WEBSITE TERMS AND CONDITIONS