1. Overview
The Terms of Service (“Terms”) applies to all access to or use of the Onstage Publications websites, offerings, and services (collectively, "Site,” "Service” or “Services”). The Services are described in more detail in Section 3. Onstage Publications provides you with these Services subject to your acceptance, without any modifications, of the Terms, as well as any other operating rules and policies that Onstage Publications publishes on its website, such as our privacy policies (collectively, the “Agreement”). By accessing one of our Services, you represent that you have reached the age of majority for where you live or that you have had a parent or legal guardian consent to be bound by these Terms.
When you sign up for an account and agree to these Terms, the Agreement between you and Onstage Publications is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an Onstage Publications account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. You understand and agree that the Service is provided to you on an “AS-IS” basis and that Onstage Publications assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ONE OF THE ONSTAGE PUBLICATIONS’ SERVICES, YOU ACCEPT THE TERMS OF THIS AGREEMENT AND IT BECOMES A LEGALLY BINDING COMMITMENT BETWEEN YOU AND ONSTAGE PUBLICATIONS. IF YOU DO NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF YOU DO NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ANY ONSTAGE PUBLICATIONS SERVICE; YOU SHOULD LEAVE THIS WEBSITE IMMEDIATELY BY CLOSING YOUR INTERNET BROWSER WINDOW.
We may, in our sole discretion, modify the Terms of Service by posting a notice on the Terms of Service page. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Site, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into this Terms of Service.
Products offered through this Site are offered subject to availability. All products, services, templates, materials, prices, discounts, and promotions posted on this Site are subject to change without notice. You agree to be responsible for all orders placed through this Site, username, password, or other security information. All orders must be accepted by us. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your details of the items you have ordered. For example, Onstage Publications reserves the right not to print adult content (art is accepted), copyrighted material, discriminatory material, FDA material, or money. You shall not use the Onstage Publications Services to violate any applicable laws or to infringe upon any third party's rights. All order delivery/completion times are estimates, as it can vary based on the service/order. Onstage Publications will not be liable for any missed deadlines or delays, for any reason, and will not refund the Customer for this reason. Onstage Publications is not responsible for any late orders/digital events that may impact your event timeline and/or printing.
2. The Parties
▪ Definitions.
In this agreement, “we,” “us,” “our," or "Company” refers to Onstage Publications. “You,” “your,” “Customer,” and “Account” refers to you personally, unless you are accessing or using our Services on behalf of an organization that does not have an existing account and/or contract with Onstage Publications that governs your actions. If the latter is the case, you are accepting the Terms for that organization and representing that you have the authority to bind the organization to the Terms; as such, “you,” “your,” and “Customer” will refer to the organization. If the organization already has a separate contract with Onstage Publications that covers your access and use of our Services, however, the contract will govern, as opposed to these Terms where there are differences.
▪ Affiliates.
In this agreement, an affiliate is an entity or person that controls a party, is controlled by a party, or is under common control with a party (such as a subsidiary, parent company, or employee). Each party to this agreement will be responsible for the acts and omissions of their affiliates in connection with this agreement.
3. The Services
When we refer to our Services in the Terms, we refer to any of our platform services, including our digital programs, design services, features, websites, account portals, and technical support. In addition to onstagepublications.com and audienceaccess.co, Onstage Publications provides Services through various other websites. The Terms apply equally to any rebranded or white label version of Onstage Publications’ platform services. Each plan on Audience Access has it's own
▪ Eligibility.
In order to use the Service, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the Account registration process;
3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
4. provide true, complete, and up-to-date contact and billing information;
5. be based in the United States and/or Canada;
6. and not be included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people and jurisdictions.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
We as a company may refuse service, close accounts of any Users, and change eligibility requirements at any time.
If you had a free or paid monthly plan on or before May 16, 2023, the following information reguarding Free and Paid Service Plans may not apply to you and your account. All accounts who were using Audience Access Service Plans prior to May 16, 2023 will retain the usage limits they had concerning the monthly pageviews as well as the features associated with the Account. An alternate version applicable to you and your account is available below in Section 3c, titled Legacy Accounts.
3a. Free Service Plans
All Members have access to basic functionality under the free service plan (“Community”). If you use the Service under the Free Service Plan and you want to go over the Free Service Plan limits, you’ll be required to select and pay for a Paid Service Plan. Paid Service Plans are described in Section 3b below. If you exceed your Free Service Plan limits you may incur additional charges or your account may be restricted or suspended altogether (including but not limited to access to the digital program).
▪ Community.
The Free Service Plan ("Community") gives your account access to the basic functions of Audience Access including, but not limited to, 500 pageviews "page loads" per month on the digital program, one (1) month data retention, one (1) user seat and access to the QR Code Creator and Design Service features. Other features such as the SMS Texting Features, Donations and Custom built events are not included in the Free Service Plan. If you use the service under the Free Service Plan and want to go over the Free Service Plan limits or go over the limits for the Free Service Plan more than once, you’ll be required to select a paid plan. From time to time, Onstage Publications may place advertisements/google ads in the digital program at our discretion, unless the Account has purchased the monthly ad removal premium add-on. Onstage Publications will not create, layout/build any digital events for the Account unless contracted to do so via the Design Services provided through the Audience Access platform. The Free Service Plan is included in our Priority Support network with a response time of three days or less.
3b. Paid Service Plans
If you sign up for a paid monthly Audience Access plan, Paid Service Plan (the "Monthly Subscription"), you will be required to self-select your Plan (e.g., Silver, Silver Plus, Gold, Gold Plus, Platinum Plus) from the options posted on our Audience Access Site based on your anticipated use of the Service. Each Paid Service Plan offers different pricing and feature options and has varying usage limits. Once you select your Paid Service Plan, Audience Access will never automatically upgrade or downgrade your account's Paid Service Plan. If you exceed your Paid Service Plan usage limits (either by exceeding your monthly pageviews or monthly texting credits for the SMS texting plans, or both), you may incur additional charges or your account may be restricted or suspended altogether (including but not limited to access to the digital program). You will always have the option to upgrade or downgrade your account to a different Paid Service Plan at any time. Changes to your Paid Service Plan, such as upgrading or downgrading, can result in prorated charges. You will be billed when you switch to a new Paid Service Plan and charged prorated amounts for the time spent on each plan. The prorated amount you will be charged for switching to a new Paid Service Plan will vary depending on the previous Paid Service Plan price and the new Paid Service Plan price, as well as when you make this change.
When you sign up for a Paid Service Plan, you agree to monthly recurring billing or annual recurring billing starting on the date you sign up. If you elect to pay monthly, billing occurs on the same day each month, based on the date that you first started paying for any recurring monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month. If you elect to pay annually, billing occurs on the same day each year, based on the date that you first started paying for any recurring annual plan. If you exceed your self-selected monthly usage limits for your Paid Service Plan, then you may have to pay additional charges (as described above) for the prior monthly usage cycle on or before the next Pay Date for monthly billing, and on or before the end of the subsequent month from the exceeded usage limits for annual billing, even if the Term ends or you downgrade to a Free Service Plan before that payment is otherwise due. You may choose to close your account permanently at any time.
▪ Silver Plan.
The Silver Paid Service Plan (“Silver Plan”) gives your account access to the basic functions of Audience Access including, but not limited to, 2,000 pageviews "page loads" per month on the digital program, two (2) months data retention, three (3) user seats and access to the QR Code Creator and Design Service features. Other features such as the SMS Texting Features, Donations and Custom built events are not included in the Silver Plan. If you use the service under the Silver Plan and want to go over the Silver Plan limits, go over the limits for the Silver Plan more than once or want to use features not included in the Silver Plan, you’ll be required to select a higher tier paid plan. From time to time, Onstage Publications may place advertisements/google ads in the digital program at our discretion, unless the Account has purchased the monthly ad removal premium add-on or unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement (see Section 3e) has been signed. Onstage Publications will not create, layout/build any digital events for the Account unless contracted to do so via the Design Services provided through the Audience Access platform. The Silver Plan is included in our Priority Support network with a response time of 48 hours or less.
▪ Gold Plan.
The Gold Paid Service Plan ("Gold Plan”) gives your account access to the basic functions of Audience Access including, but not limited to, five (5) months data retention, five (5) user seats and access to all of the available features, with the exception of the SMS Texting Features. The Gold Plan includes unlimited pageviews "page loads" per month on the digital program. If you use the service under the Gold Plan and want to go over the Gold Plan limits, go over the limits for the Gold Plan more than once or want to use features not included in the Gold Plus Plan, you’ll be required to select a higher tier paid plan. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement (see Section 3e) has been signed. The Gold Plan has access to our Custom Built Events service, which allows for the creation of one (1) event per month by our on-site design team at no additional cost. If you, the Customer, want to have us, Onstage Publications, create more than your allocated one (1) event per month, then a Design Service request for 'Event Creation' must be made and submitted with payment pior to Onstage Publications involvement via the Design Services provided through the Audience Access platform. The Gold Plan is included in our Priority Support network with a response time of 24 hours or less.
▪ Silver Plus Plan.
The Silver Plus Paid Service Plan (“Silver Plus Plan”) gives your account access to the basic functions of Audience Access including, but not limited to, 4,000 pageviews "page loads" per month on the digital program, 4,000 SMS texting credits, three (3) months data retention, four (4) user seats and access to all of the available features, with the exception to the SMS Mass Messaging feature. If you use the service under the Silver Plus Plan and want to go over the Silver Plus Plan limits, go over the limits for the Silver Plus Plan more than once or want to use features not included in the Silver Plus Plan, you’ll be required to select a higher tier paid plan. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement (see Section 3e) has been signed. Onstage Publications will not create, layout/build any digital events for the Account unless contracted to do so via the Design Services provided through the Audience Access platform. The Silver Plus Plan is included in our Priority Support network with a response time of 36 hours or less.
▪ Gold Plus Plan.
The Gold Plus Paid Service Plan ("Gold Plus Plan”) gives your account access to all of the functions of Audience Access including, but not limited to, 10,000 SMS texting credits, unlimited pageviews "page loads" per month on the digital program, six (6) months data retention, six (6) user seats and access to all other available features. If you use the service under the Gold Plus Plan and want to go over the Gold Plus Plan limits, go over the limits for the Gold Plus Plan more than once, you’ll be required to select a higher tier paid plan. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement (see Section 3e) has been signed. The Gold Plus Plan has access to our Custom Built Events service, which allows for the creation of up to three (3) events per month by our on-site design team at no additional cost. If you, the Customer, want to have us, Onstage Publications, create more than your allocated three (3) events per month, then a Design Service request for 'Event Creation' must be made and submitted with payment pior to Onstage Publications involvement via the Design Services provided through the Audience Access platform. The Gold Plan is included in our Priority Support network with a response time of 12 hours or less.
▪ Platinum Plus Plan.
The Platinum Plus Paid Service Plan ("Platinum Plus Plan”) gives your account access to all of the functions of Audience Access including, but not limited to, 15,000 SMS texting credits, unlimited pageviews "page loads" per month on the digital program, twelve (12) months data retention, unlimited user seats and access to all other available features. If you use the service under the Platinum Plus Plan and want to go over the Platinum Plus Plan limits, go over the limits for the Platinum Plus Plan more than once, you’ll be required to purchase additional SMS texting credits for the month. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage and the Customer), and a Revenue Share Agreement (see Section 3e) has been signed. The Platinum Plus Plan has access to our Custom Built Events service, which allows for the creation of up to five (5) events per month by our on-site design team at no additional cost. If you, the Customer, want to have us, Onstage Publications, create more than your allocated five (5) events per month, then a Design Service request for 'Event Creation' must be made and submitted with payment pior to Onstage Publications involvement via the Design Services provided through the Audience Access platform. The Gold Plan is included in our Priority Support network with a response time of same day.
▪ Content Submission.
All Paid Service Plans must provide all relevant content for each scheduled digital publication/event no later than 7-10 business days prior to the relevant production date, this content shall be submitted in industry standard digital formats as may be specified by Onstage Publications, all materials shall have been edited and proofed by the Account owner for clarity and proper grammatical content. All Paid Service Plans are limited to five (5) revisions/corrections per digital event/publication. Accounts requiring more changes and/or corrections past the five (5) allowed revisions must pay an additional cost in the amount of $35 per additional revision/correction or shall be required to make the changes and/or corrections on their own. Onstage Publications is not responsible for altering/editing any images nor is Onstage responsible for changing grammatical or content errors without approval, or signoff from the Account owner. Onstage Publications is not responsible for any deadlines/schedules concerning digital events/publications if the Account has not submitted all of the relevant content within the time frame stated herein.
Onstage Publications will provide up to 5 proofs to the Account, supplied to you via email or other electronic communication addressed to the Account owner or a approved account user.
3c. Legacy Accounts
All accounts who were using Audience Access Service Plans prior to May 15, 2023 will retain the usage limits they had concerning the monthly pageviews and SMS texting. Legacy Accounts will retain the same monthly recurring billing date and cost (if applicable). See information provided below to review usage limits and features for the Legacy Accounts. Existing Legacy Accounts will not gain additional features that the new Paid Service Plans offer that differ from what they previously had access to, even if the cost or plan name is attributed to the Legacy Account. When a Legacy Account upgrades or downgrades their current monthly Free or Paid Service Plan, the usage limits, features and monthly cost guaranteed to them in regards to that plan will be null and void and the Account will assume the features, usage limits and monthly cost (if applicable) of whichever plan, whether it is a Free Service Plan or a Paid Service Plan, they have self-selected.
▪ Legacy Community.
All accounts have access to basic functionality under the free plan (“Community Version”). If you use the service under the Community Version and want to go over the Community Version limits or go over the limits for the Community Version more than once, you’ll be required to select a paid plan. From time to time, Onstage Publications may place advertisements/google ads. Onstage Publications will not create, layout/build any digital events for the Account unless contracted to do so via the Design Services provided through the Audience Access platform. This Community Version does not have SMS texting capabilities.
▪ Legacy Community Plus Version.
All existing Community Plus accounts are now the Silver Plus Plan.
An account that has signed up for the paid plan (“Community Plus Version”) receives the basic functionality of Audience Access with no limits on views. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement has been signed. Onstage Publications will not create, layout/build any digital events for the Account unless contracted to do so via the Design Services provided through the Audience Access platform.
▪ Legacy Creator Version.
All existing Creator accounts are now the Gold Plus Plan.
An account that has signed up for the paid plan (“Creator Version”) receives the basic functionality of Audience Access. All Creator Version accounts are provided with a dedicated phone number that will allow up to twenty thousand text messages per month with the ability to purchase additional messages as needed. Onstage Publications will provide reasonable technical support and customer service supporting the features of Audience Access. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement has been signed. Onstage Publications will not create, layout/build any digital events for the Account unless contracted to do so via the Design Services provided through the Audience Access platform.
▪ Legacy Collaborator Version.
All existing Collaborator accounts are now the Platinum Plus Plan.
An account that has signed up for the paid plan (“Collaborator Version”) receives the basic functionality of Audience Access. All Collaborator Version accounts are provided with a dedicated phone number that will allow up to twenty thousand text messages per month with the ability to purchase additional messages as needed. For subscriptions that are yearly, Onstage Publications will create up to fifty-two events for the duration of the subscription using the information provided by an account. For subscriptions that are monthly, Onstage Publications will create up to five events per month for the duration of the subscription using the information provided by the Account holder. Onstage Publications will allow for two proofs per event. Onstage Publications will provide reasonable technical support and customer service supporting the features of Audience Access. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties, (Onstage Publications and the Customer), and a Revenue Share Agreement has been signed. Accounts who are uitilizing the Collaborator Plans must provide all relevant content for each scheduled digital publication no later than 7 business days prior to the relevant performance date, this content shall be submitted in industry standard digital formats as may be specified by Onstage Publications. Prior to any submission of content, all materials shall have been edited and proofed by the Account holder for clarity and proper grammatical content.
▪ Legacy Collaborator Bundle Version.
All existing Collaborator Bundle accounts are now the Platinum Plus Plan.
An account that has signed up for the paid bundle plan (“Collaborator Bundle Plan Version”) receives the basic functionality of Audience Access. All Collaborator Bundle Version accounts are provided with a dedicated phone number that will allow up to twenty thousand text messages per month with the ability to purchase additional messages as needed. For subscriptions that are yearly, Onstage Publications will create up to fifty-two events for the duration of the subscription using the information provided by an account. For subscriptions that are monthly, Onstage Publications will create up to five events per month for the duration of the subscription using the information provided by the Account holder. Onstage Publications will allow for two proofs per event. Onstage Publications will provide reasonable technical support and customer service supporting the features of Audience Access. Onstage Publications will not place advertisements, unless otherwise agreed upon by both Parties (Onstage Publications and the Customer), and a Revenue Share Agreement has been signed. For all Collaborator Bundle Version accounts, Onstage Publications will provide completed print files up to six (6) publications/editions at/or up to a maximum of sixteen (16) pages per publication/edition for the Performance Season, or a total of ninety six (96) pages to be divided up between the number of editions the organization requires, for each scheduled publication/edition to be printed. Onstage Publications is entitled to sell advertising spaces into printed publications/editions and digital publications as agreed upon by both Parties and set forth in the Revenue Share Agreement. Onstage Publications is not responsible for the actual printing and/or delivery of any printed publications/editions or any associated costs, nor is Onstage Publications responsible for any print deadlines/schedules. Any additional pages and/or publications/editions the Collaborator Bundle Version account may need above and beyond what is provided by Onstage Publications shall be quoted separately and the Collaborator Bundle Version account shall pay any expenses incurred. In consideration of the services provided by Audience Access and Onstage Publications, All Collaborator Bundle Version accounts agree to pay to Onstage Publications a recurring monthly amount and are required to use Audience Access for a minimum ten (10) month commitment. Accounts who are uitilizing the Collaborator Plans must provide all relevant content for each scheduled digital publication no later than 7 business days prior to the relevant performance date, this content shall be submitted in industry standard digital formats as may be specified by Onstage Publications. Prior to any submission of content, all materials shall have been edited and proofed by the Account holder for clarity and proper grammatical content.
▪ Legacy Intermission.
All existing accounts currently on Intermission are now the Silver Plus Plan. Intermission will no longer be offer in the new Paid Service Plans, as the Silver Plus Plan is taking its place and the new Paid Service Plans offer lower monthly pricing than the Intermission.
Intermission is a status that accounts can be set to in order to "pause" the Account usage but perserve the data from SMS texting and other usage, while paying a lower monthly cost. This status is not meant to be used with accounts that are currently engaged in the Revenue Share Agreement, as it violates the agreement and our advertisers rights to having their ads displayed. If an account engaged in the Revenue Share Agreement wishes to uitilize the Intermission status, they need to refer to the signed Revenue Share Agreement and the minimal up-time that is disclosed in that agreement.
3d. Additional 'Pay As You Go' Services
▪ Audience Access Design Services.
This covers use of the Design Services provided to all accounts, regardless of the Paid Service Plan, of Audience Access. Before you can place an Audience Access Design Services order online or use certain Audience Access services or features offered on this Site, you will need an Audience Access account. As part of the Audience Access Design Services, Onstage Publications offers design services ("Design Services") to its active users. Onstage Publications reserves the right to refuse to accept a Design Services order/project or to cancel a Design Services order/project at any time, for any reason, in its sole discretion. You are fully responsible for the final approval of your Design Services order prior to the confirmation and production process. If you desire material changes to your completed Design Services order/project, Onstage Publications reserves the right to require you to place a new order.
All Design Services are limited to five (5) revisions/corrections per order. Accounts requiring more changes and/or corrections past the five (5) allowed revisions must pay an additional cost in the amount of thirty-five ($35) per additional revision/correction or shall be required to make the changes and/or corrections on their own.
Prior to any submission of content for Print Products or Digital Event Creation, all materials shall have been edited and proofed by the Account holder for clarity and proper grammatical content. Onstage Publications is not responsible for altering/editing any images nor are we responsible for proofing, changing grammatical/content errors without approval from the Account owner. Onstage Publications is not responsible for collecting any content on its own or asking the Account to provide any content deemed missing. If relevent content is left out of the Print Products or Digital Event Creation, then the Account accepts responsibility for not adhering to the content submission terms set forth herein. Onstage Publications is not responsible for errors in not recognized during the proofing process nor shall Onstage Publications be liable for any associated costs, replacement files or reprinting Products as a result of such errors.
Onstage Publications will provide up to 5 proofs to the Account, supplied to you via email or other electronic communication addressed to the Account owner or a approved account user.
The Account is fully responsible for the final proof and layout approval of all Design Services orders prior to the confirmation. ALL approvals are final. Onstage Publications is NOT LIABLE for any errors in a final product caused by you or approved by you including, without limitation, any of the following reasons: misspellings, graphics, bleeds, grammar, damaged fonts, small fonts, orientation of files, punctuation, wrong cuts, incorrect or missing folds, and finished product size.
The Account is responsible to fully inspect all Design Services Products carefully as soon as reasonably practicable after delivery, for any Design Services Products that are to be provided in an electronic format, the Account agrees that delivery of such Design Services Product shall be deemed to have occurred at the time we transmit the Design Services Product via email or other electronic communication addressed to the Account. Upon inspection, the Account must notify Onstage Publications, by contacting its Production Manager either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within 10 days after receipt of the Design Services Products, if the Account wishes to request reparations.
If the Account, for any reason, does not comply with Onstage Publications content submission schedule, of which time is of the essence, Onstage Publications may require expedited production/shipping costs at the Account’s expense, or may terminate this Design Services Order without liability to the Account on account thereof. Onstage Publications will not be liable for any missed deadlines or delays, for any reason, and will not refund the Account for this reason. Onstage Publications is not responsible for any late Design Services orders that may impact your event/project timeline and/or production. Onstage Publications is not under any obligation to provide the Account any of the working files or content created/designed by our Production Team for any Design Services order.
>> Print Products
Any account that wishes to uitilize the Design Services' Print Products, the Program Book Files and the 2 X 3.5 Access Card, must provide all relevant content to our production team for each Print Product ordered. Content for each of these orders must be provided no later than 7-10 business days prior to the relevant printer deadline date, or the date that the product is needed in the case of the Access Card. This content shall be submitted in industry standard digital formats as may be specified by Onstage Publications.
Print Ready Files
Onstage Publications is not responsible for the actual printing and/or delivery of the printed Program Book, Onstage Publications only provides the print ready files for you to use as needed. Onstage Publications is not responsible for any associated costs, nor is Onstage Publications responsible for any print deadlines/schedules. Any additional pages and/or publications/editions the Account may need above and beyond what was ordered shall be quoted separately and the Account shall pay any fees or expenses incurred. Accounts who wish to engaging the Audience Access Design Services for Print Ready Files, agree to pay fourty-nine ($49) dollars per page produced if they are not members of one of the following Paid Service Plans; Gold Plan, Gold Plus Plan and Platinum Plus Plan. Customers who are currently paying a monthly/yearly subscription fee for one of the aforementioned Paid Service Plans agree to pay twenty-five ($25) dollars per page produced by our Production Team for the Print Ready Files.
2 X 3.5 Access Card Printing & Delivery
The 2 X 3.5 Access Card comes with standard printing and delivery included. Onstage Publications is not responsible for any deadlines/schedules. If the Account has not submitted all of the relevant content within the time frame stated herein and/or the Access Cards were not ordered in a timely manner, Onstage Publications is not responsible for ensuring that the Access Cards are delivered on time. Any delay in delivery or defect in the delivery shall not entitle the Account to cancel or terminate the order, nor shall it entitle the Account to request a refund for services rendered. The Account owner agrees that the risk of loss and title for the printed Access Cards Product pass to you upon delivery. Subject to Section 20, Onstage Publications will not be responsible to delays, damages or missing products due to force majeure nor shall Onstage Publications be responsible for delays in delivery due to the Account, carrier or any other third party or other circumstances beyond Onstage Publications' reasonable control. In no case shall Onstage Publications be liable for any special, incidental, direct, indirect, consequential, punitive, exemplary or special damages as a result of such delay in delivery nor shall Onstage Publications be responsibile for any associated costs, replacements or reprintings as a result of such a delivery.
Digital Event Creation
Any account that wishes to uitilize the Design Services and Onstage Publications production team for Digital Event Creation, must pay $149 per event that they wish Onstage to create. the Account must place the order and provide all relevant content for each Digital Event Creation no later than 7 business days prior to the relevant performance/event time and date in which the digital event is needed. This content shall be submitted in industry standard digital formats as may be specified by Onstage Publications.
▪ Onstage Managed Print and Design Services.
Use of the Onstage Managed Print and Design Services is available to all accounts/organizations, (the “Customer”), regardless of if they are a Paid Service Plan account on Audience Access or not. Any Customer that wishes to uitilize the Onstage Managed Print and Design Services and our production team for print and/or layout & design needs, must complete and place an order on our online Onstage Managed Print and Design Services page
here. A new order must be completed and placed for each publication/edition that the Customer would like to utilize the Onstage Managed Print and Design Services. You, the Customer, agree that you will be responsible for all orders placed or other actions that are taken through the Services.
BY PLACING AN ORDER WITH Onstage Managed Print and Design Services, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PLACE AN ORDER WITH Onstage Managed Print and Design Services.
▪ Terms of Use
The Customer is fully responsible for the final proof and layout approval (including, without limitation, approval over your Managed Print Services (as defined below) and Design Services (as defined below) order(s)) prior to the confirmation and printing process. ALL approvals are final. Onstage Publications is NOT LIABLE for any errors in a final product caused by you or approved by you including, without limitation, any of the following reasons: misspellings, graphics, bleeds, grammar, damaged fonts, small fonts, orientation of files, punctuation, wrong cuts, incorrect or missing folds, and finished product size.
>> Managed Print Services
As part of the Onstage Managed Print and Design Services, Onstage Publications offers a print service ("Managed Print Services") to its customers, where Onstage manages the processes of program book design, layout and securing a printer. Onstage Publications reserves the right to refuse to accept a Managed Print Services order/project or to cancel a Managed Print Services order/project at any time, for any reason, in its sole discretion. You are fully responsible for the final approval of your Managed Print Services order prior to the confirmation and production process. If you desire material changes to your completed Managed Print Services order/project, Onstage Publications reserves the right to require you to place a new order.
Managed Print Services orders are limited to five (5) revisions/corrections per order. Customers requiring more changes and/or corrections past the five (5) allowed revisions must pay an additional cost in the amount of thirty-five ($35) per additional revision/correction or shall be required to make the changes and/or corrections on their own.
Onstage Managed Print and Design Services will provide up to 5 proofs to the Customer, supplied to you via email or other electronic communication addressed to the Customer, provided that all necessary content and information is provided. Final designs will be delivered to you electronically via email. Onstage Publications does not provide any design files. Customers will have three (3) days to request revisions upon receipt of each proof. All print delivery times are estimates, as it can vary based on the project/order. Onstage Publications will not be liable for any missed deadlines or delays, for any reason, and will not refund customers for this reason. Onstage Publications is not responsible for any late Managed Print Services orders that may impact your event/project timeline and/or production. Onstage Publications suggests allowing approximately one (1) month of time for Managed Print Services projects and associated production and shipping times.
Prior to any submission of content for Managed Print Services, all materials shall have been edited and proofed by the Customer for clarity and proper grammatical content. Onstage Publications is not responsible for altering/editing any images nor are we responsible for proofing, changing grammatical/content errors without approval from the Customer. Onstage Publications is not responsible for collecting any content on its own or asking the Customer to provide any content deemed missing. If relevent content is left out, then the Customer accepts responsibility for not adhering to the content submission terms set forth herein. Onstage Publications is not responsible for errors in not recognized during the proofing process nor shall Onstage Publications be liable for any associated costs, replacement files or reprinting Products as a result of such errors.
The Customer must provide all relevant content for each order no later than 14 business days prior to the relevant deadline date, this content shall be submitted in industry standard digital formats as may be specified by Onstage Publications.
You hereby grant Onstage Publications a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and display the results and proceeds of your Managed Print Services order/project in connection with Onstage Publications’ internal business purposes and advertising that Onstage Publications was the designer of such results and proceeds.
Unless stated otherwise, price estimates do not include the costs of shipping and delivery. Prices vary depending on the product options selected by the Customer and are subject to change. Prior to completing an order, the Customer will be provided with an estimated cost. This estimated cost may increase after the order has been placed, (ie: due to shipping/delivery costs, expedited printing, increase in page count/quantity etc.) Onstage Publications is not responsibile for paying any associated costs or fees that are in excess to what was originally estimated when the order was placed.
Use of the Onstage Managed Print and Design Services is without any obligation and is subject to availability and confirmation of the order. Onstage Publications reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Onstage Publications is subject to our acceptance of the order and will be formed when you receive the first Content Submission Request email from Tracy Million, our Production Manager. Onstage Publications is not under any obligation to provide the Customer the working files or content created/designed by our Production Team for any Onstage Managed Print and Design Services order.
>> Design Services
As part of the Onstage Managed Print and Design Services, Onstage Publications offers design services ("Design Services") to its customers that secures Onstage to design and layout the Customer's program book. The Design Services option ONLY covers electronic Print Ready Files that Onstage Publications Production Team will create, Design Services on behalf of you, the Customer.
Customers who wish to engaging the Onstage Managed Print and Design Services for Design Services, agree to pay fourty-nine ($49) dollars per page produced.
Design Services orders are limited to five (5) revisions/corrections per order. Customers requiring more changes and/or corrections past the five (5) allowed revisions must pay an additional cost in the amount of thirty-five ($35) per additional revision/correction or shall be required to make the changes and/or corrections on their own.
Onstage Managed Print and Design Services will provide up to 5 proofs to the Customer, supplied to you via email or other electronic communication addressed to the Customer, provided that all necessary content and information is provided. Final designs will be delivered to you electronically via email. Onstage Publications does not provide any design files. Customers will have three (3) days to request revisions upon receipt of each proof. All print delivery times are estimates, as it can vary based on the project/order. Onstage Publications will not be liable for any missed deadlines or delays, for any reason, and will not refund customers for this reason. Onstage Publications is not responsible for any late Design Services orders that may impact your event/project timeline and/or production. Onstage Publications suggests allowing approximately one (1) month of time for Design Services projects and associated production and shipping times.
Prior to any submission of content for Design Services, all materials shall have been edited and proofed by the Customer for clarity and proper grammatical content. Onstage Publications is not responsible for altering/editing any images nor are we responsible for proofing, changing grammatical/content errors without approval from the Customer. Onstage Publications is not responsible for collecting any content on its own or asking the Customer to provide any content deemed missing. If relevent content is left out, then the Customer accepts responsibility for not adhering to the content submission terms set forth herein. Onstage Publications is not responsible for errors in not recognized during the proofing process nor shall Onstage Publications be liable for any associated costs, replacement files or reprinting Products as a result of such errors.
The Customer must provide all relevant content for each order no later than 14 business days prior to the relevant deadline date, this content shall be submitted in industry standard digital formats as may be specified by Onstage Publications.
You hereby grant Onstage Publications a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and display the results and proceeds of your Design Services order/project in connection with Onstage Publications’ internal business purposes and advertising that Onstage Publications was the designer of such results and proceeds.
Upon approval of the Proof, Onstage Publications will deliver Print Ready Files to you via email or other electronic communication addressed to the Customer. Customers using the Design Services option of the Onstage Managed Print and Design Services are responsible for securing printing and delivery of the final Product.
Once payment has been made, orders of Design Services may not be canceled.
>> Delivery, Title and Risk
Delivery will be at the address specified in the order confirmation or submitted through email to our Production Manager, provided that all applicable payments have been received in full by their appropriate due date, using Onstage Publications´ Printer's standard methods for packaging and in accordance with the delivery option. Delivery services include the time it takes to process, print, dry, package and ship your order to you. The speed and cost of delivery depends on the availability of the product, the address it will be shipped to and wether the product printing and shipping will have to be expedited.
Any delay in delivery or defect in a delivery shall not entitle the Customer to cancel or terminate the entire order agreement. The customer agrees that the risk of loss and title for any printed Product pass to you upon the delivery of the Product to the chosen carrier. Subject to Section 20, Onstage Publications will not be responsible to delays, damages or missing products due to force majeure nor shall Onstage Publications be responsible for delays in delivery due to the Account, carrier or any other third party or other circumstances beyond Onstage Publications' reasonable control. In no case shall Onstage Publications be liable for any special, incidental, direct, indirect, consequential, punitive, exemplary or special damages as a result of such delay in delivery nor shall Onstage Publications be responsibile for any associated costs, replacements or reprintings as a result of such a delivery.
The Customer is responsible to fully inspect all Onstage Printing Service Products carefully as soon as reasonably practicable after delivery, for any Onstage Printing Service Products that are to be provided in an electronic format, the Customer agrees that delivery of such Onstage Printing Service Product shall be deemed to have occurred at the time we transmit the Onstage Printing Service Product via email or other electronic communication addressed to the Customer. Upon inspection, the Customer must notify Onstage Publications, by contacting its Production Manager either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within 10 days after receipt of the Onstage Printing Service Products, if the Customer wishes to request reparations. Failure of Customer to timely notify Onstage Publications after receipt as indicated in this section voids the Product and excuses Onstage Publications of any liability.
>> Creation, Production & Shipping Times
Creation time
ONLY refers to the time it takes to design and layout your order. Production time
ONLY refers to the time it takes to print your order, if applicable.
Shipping/delivery times are separate and based zip code, if applicable.
Creation time on your order begins on the first business day after your order has been approved and processed. Creation times are estimated based on a typical Customer who adheres to the content submission and revision terms and follows our Production Teams' timeline for content submission. Any issues with files or payment may delay your order timeline.
Production time, ONLY for Customers who are using the Print Services, begins on the first day after your final proof is approved and your order is paid for in full.
If any creation and/or production issues are discovered, we'll be in touch with you to get the issues resolved and to discuss any resulting delays.
Rush Orders
Rush production is not available for certain products/sizes. Order must be approved by our Production Manager. Additional fees may be applied to Rush orders based on but not limited to, how soon a order is needed, page count etc.
Holiday Seasons and Rush Orders will affect the production times as well as the Shipping/delivery times. Regular and Rush columns show the number of business days for production after an order is approved. This does not include printing/shipping time.
| Creation Times |
|
| Page Count |
Regular Order |
*Rush Order |
| 4 Pages |
3-5 business days |
3 business days |
| 8 Pages |
3-5 business days |
4 business days |
| 16 Pages |
8-10 business days |
8 business days |
| 24 Pages |
10-12 business days |
10 business days |
| 32 Pages |
10-12 business days |
N/A |
| 40 Pages |
12-15 business days |
N/A |
| 48 Pages |
12-15 business days |
N/A |
| 56 Pages |
15-20 business days |
N/A |
| 64 Pages |
15-20 business days |
N/A |
| Production time |
|
| Quantity |
Print Services |
Design Services |
| 250 |
5 business days |
N/A |
| 500 |
5 business days |
N/A |
| 1,000 |
5 business days |
N/A |
| 2,000 |
5 business days |
N/A |
| 5,000 Pages |
7 business days |
N/A |
| 8,000 |
7 business days |
N/A |
| 10,000 |
7 business days |
N/A |
| 12,000 |
8 business days |
N/A |
| 15,000 |
8 business days |
N/A |
Shipping Times
The estimated shipping/delivery time of your order is
separate from the layout/design and production time of your order. Shipping time frames vary based on your location as well as external factors from major mail carriers.
Shipping methods & exact costs are determined by address type & the total weight of items after the full address is entered during checkout. Shipping method availability and costs are subject to change.
To get an estimate on a order timeline including Creation, Production and Shipping times or if you have any questions, please email the Production Manager, tracym@onstagepublications.com.
*All Creation, Production and Shipping times are subject to change due to billing issues, file issues, file reuploads or holds which can include, but are not limited to, content not being submitted in the proper time/format, going over the set revisions allowed, orders not being placed in time, etc.
>> Payments & Fees
All Onstage Printing Service orders for the Managed Print Services or the Design Services will be sent an invoice for the total amount upon approval of the final proof. This invoice will include the costs of shipping and delivery, if applicable, as well as any fees incurred during the production process including, but not limited to, additional pages added, fees for going over the revisions/corrections limits, increased quantity ordered and failing to adhere to the production timeline resulting in a Rush order.
Important:You will not receive your Print Ready Files and/or Onstage Managed Print and Design Services will not secure printing and delivery of the final Product until payment is received in full.
Note: Rush orders will affect the final cost of your order and must be approved by our Production Manager, therefore an estimated cost cannot be accurately calculated.
If you have any questions, please email us at accounting@onstagepublications.com.
3e. 'Bundle It' & Advertising Revenue Share Services
▪ 'Bundle It'.
Use of the 'Bundle It' option is limited to accounts who have signed up for a Paid Service Plan and requires a 'Bundle It' agreement, provided by Onstage Publications, must be signed by representatives of the Account as well as representatives of Onstage Publications. If both of these conditions are not met then the terms of the 'Bundle It' package agreed upon by both parties will be null and void.
The 'Bundle It' package gives the Account access to the digital program as well as layout and design of print files for an account to use to secure printed publications for their use, (e.g., Program Book Editions, Newsletter, Brochure, Tri-fold). the Account participating in the 'Bundle It' package shall be entitled to print files for an unlimited amount of printed publications with a maximum page count of eight (8) pages per publication, for the duration stated in the 'Bundle It' agreement. the Account shall provide relevant content for each scheduled printed publication, for which they want to utilize Onstage Publications production team to layout and design, including articles, program notes, photographs, artwork, sponsor ads, contributor lists and other information not later than 7-10 business days prior to the relevant printer deadline date, as provided by the Account representative. Prior to any submission, all such source materials shall have been edited and proofed by the Account representatives for clarity and proper grammatical content. This content, hereinafter referred to as “Provided Print Text,” shall be submitted in industry standard digital formats as may be specified by Onstage Publications. the Account is responsible for securing and the printing and delivery of any printed publications and any costs associated with it.
Onstage Publications is not responsible for the actual printing and/or delivery of the printed publications or any associated costs, nor is Onstage Publications responsible for any print deadlines/schedules. Any additional pages and/or publications the Account may need above and beyond what is provided by Onstage Publications per the signed agreement shall be quoted separately at $25 per additional page and the Account shall be responsible for the quoted total expense.
▪ Advertising Revenue Share.
Use of the Advertising Revenu Share is limited to accounts who have signed up for a Paid Service Plan and requires a Revenue Share agreement, provided by Onstage Publications, must be signed by representatives of the Account as well as representatives of Onstage Publications. If both of these conditions are not met then the terms of the Advertising Revenue Share agreed upon by both parties will be null and void.
With the Advertising Revenue Share agreement, representatives of the Account give Onstage Publications the rights to sell advertising, limited to the pages set forth in the Revenue Share agreement in each printed publication and unlimited ad spaces in digital publications, on the Accounts behalf and agree to share collected ad sales revenue. Onstage Publications will, in consideration of the opportunity and license granted to Onstage Publications by the Account, pay a percentage, in the amount as set forth in the Revenue Share agreement, of the collected ad sales revenue generated for the digital program and/or printed publications.
The Revnue Share agreement grants Onstage Publications an exclusive license to use the Accounts' name in obtaining advertising to be included within Audience Access and/or any printed publications. the Account grants Onstage Publications the right to use any of its trademarks in the design, publication, and/or reproduction of marketing materials for Audience Access. the Account shall not publish, or facilitate publication of, during the term of the Revenue Share agreement any document containing similar subject matter to Audience Access that could in any manner conflict with the sale of advertising in Audience Access. Nothing herein shall preclude the Account from publishing infrequent, non-advertising-supported publications.
the Account representiatives shall not authorize, engage or permit any other person or entity to sell advertising on its behalf into the digital program book or printed publications, but nothing herein shall preclude them from including sponsorship advertising within its allocated space in both the digital program and printed publications.
If the Account taking part in the Revenue Share agreement cancels a digital or printed publication of a previously planned and announced event/production, or refuses to use and/or promote the digital program, or terminates their participation/subscription without adhering to the acceptable terms of termination as set forth in the Revenue Share agreement; and such cancellation or action is deemed a material change by currently contracted advertisers, requiring Onstage Publications to refund or credit such advertisers, then the representative of the Account shall be responsible for and liable to Onstage Publications for an amount equal to the total of such refunds and credits. In such an event the Account forfeits all rights to the revenue share percentage the Account would have be paid for the collected ad sales revenue and Onstage Publications will not be required to pay the revenue share percentage and may keep the proceeds generated from collected ad sales in full.
If an account taking part in the Revenue Share agreement does not adequately promote or use the digital program and/or printed publications in a way that is deemed acceptable and set forth in the Revenue Share agreement and such action or inaction is deemed a material change or issue by currently contracted advertisers, requiring Onstage Publications to refund or credit such advertisers, then the representative of the Account shall be responsible for and liable to Onstage Publications for an amount equal to the total of such refunds and credits. In such an event the Account forfeits all rights to the revenue share percentage the Account would have been paid for the collected ad sales revenue and Onstage Publications will not be required to pay out the remaining revenue share percentage and may keep the proceeds generated from collected ad sales in full.
4. Service Availability
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of Onstage Publications, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
Onstage Publications reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
Onstage Publications will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
Onstage Publications transmits messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Services and paying all access charges (e.g., Internet Service Provider, telecommunications) incurred while using the Services.
Onstage Publications only provides that the Services are processed correctly and further transmitted by Onstage Publications to the applicable network. Onstage Publications is not responsible for the final delivery of any communication initiated through Onstage Publications’ Services, as this is out of our control and is the responsibility of downstream communications carriers.
Onstage Publications transmits and receives text messages and voice broadcasts via other major telecommunications companies and mobile network operators, and thus Onstage Publications’ influence over the timing of the transmission of your messages and broadcasts is only within the technical constraints imposed upon Onstage Publications. While Onstage Publications shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network, and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime, and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Onstage Publications is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Onstage Publications for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.
5. Our Storage and Use of Your Data
▪ Privacy Policy.
By accessing or using our Services, you acknowledge that you have reviewed and agree to our Privacy Policy, which can be viewed
here. If you do not accept the terms of this privacy policy, you must stop using our Services immediately.
▪ Deletion of Your Data.
While our platform hosts some Customer data, the continued hosting and storage of your data is not guaranteed by us. Except as otherwise agreed between us in writing, we may occasionally delete your data, and we will not be liable for any damages, losses, or other consequences that you may incur as a result. You can read more about this in our
Privacy Policy.
6. Add-ons
We may make additional features and products offered by third parties (“Add-ons”) available on our Services. Your use of Add-ons available through our Services is subject to these Terms.
7. Your Account
Before you can use our Services, you must first create an account and provide us with some basic information, such as your full name, telephone number, email address, and account password. All information that you provide about yourself while maintaining an Onstage Publications account must be accurate, complete, and current.
You are solely responsible for all use (whether authorized or not) of our Services under your account(s). You are also solely responsible for all access to and use of your account, and for all acts and omissions of anyone that has access to it.
Keep your password and let us know if it is compromised. If we believe you misuse our service, we can terminate your account and forward your information to law enforcement if appropriate. You are responsible for maintaining the confidentiality of your password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services, and you will notify us promptly of any unauthorized access or use. Additionally, you agree to notify Onstage Publications of any known or suspected unauthorized use(s) of your user account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.
Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account in Onstage Publications’ sole discretion, and you may be reported to appropriate law-enforcement agencies.
8. Acceptable Use Policy
You agree to use the Onstage Publications Services in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. To confirm your compliance with these Terms, to ensure that Onstage Publications is complying with national and international laws, we may, from time to time, periodically check the messages and broadcasts that you send.
▪ Representation that Communications with Your Contacts Comply with the Law.
You represent and warrant that the owners of the phone numbers you initiate messages or broadcasts to through the Onstage Publications Services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information in your messages or broadcasts when required to do so by any applicable law or regulation and that you will otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association if it is applicable to your messages. You further agree that any individuals requesting Do-Not-Call (“DNC”) status shall be immediately placed on your DNC accounts list and you further agree that you will not initiate any further messages or broadcasts to any individuals after they request DNC status.
▪ Agreement to Learn About and Comply with the Relevant Laws.
You agree to familiarize yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages and broadcasts that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Without limiting the foregoing, you agree to familiarize yourself with the legal requirements triggered by any messages, calls, broadcasts, and campaigns transmitted through the Onstage Publications Services by visiting the following websites:
Federal Trade Commission, https://www.ftc.gov
Federal Communications Commission, https://www.fcc.gov/
National Do Not Call (DNC) Registry, https://www.donotcall.gov
Onstage Publications is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts, and campaigns prior to using the Onstage Publications Sites or Services. You are ultimately responsible for making your own informed decisions regarding your messages, broadcasts, and campaigns.
▪ Prohibited Uses of Our Services.
You accept that our Services are provided for professional use only, and you agree that your use of our Services shall not include: You agree to not use the Service to: upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (“Rights”); forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment; “stalk” or otherwise harass another; and/or Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services; Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services; Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers; Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; Harvesting, or otherwise collecting information about others, without their consent; Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you; Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind; Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity; Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs; Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks; Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; Abusing the fair use policy with regard to unlimited keywords—that is, registering many keywords without using them for weeks or months, as is determined to be abuse in the sole discretion of Onstage Publications; Interfering with another’s use and enjoyment of the Services or Onstage Publications Sites; or Engaging in any other activity that Onstage Publications believes could subject it to criminal liability or civil penalty/judgment.
You acknowledge that Onstage Publications may or may not pre-screen Content, but that Onstage Publications and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Onstage Publications and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
You acknowledge, consent and agree that Onstage Publications may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Onstage Publications, its users and the public.
You understand and agree that all messages you send via the Onstage Publications service will be sent, and certify that any subscriber list you decide to import into Onstage Publications was collected, in compliance with all applicable federal, provincial, state, and local laws, regulations, and rules governing SMS messages, advertising, and telemarketing, including, without limitation, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, all federal and state Do Not Call and calling-time restriction laws and regulations, and, as applicable for SMS to Canadian numbers, the CRTC’s Unsolicited Telecommunications Rules, including the CRTC Telemarketing Rules, National DNCL Rules, and Automatic Dialing and Announcing Device Rules, Telecom Decision CRTC 2007-48, as amended.; and all applicable industry guidelines and best practices, including, without limitation, the CTIA Short Code Monitoring Handbook and Messaging Principles and Best Practices (collectively, “Applicable Message Requirements”). Onstage Publications provides the software and carrier-connectivity through which you send your messages; you are solely and exclusively responsible for complying with Applicable Message Requirements (and for defending and indemnifying Onstage Publications from any claims in which it is alleged that you failed to do so). If for any reason Onstage Publications suspects that your use of its Services in any way is contrary to any Applicable Message Requirements, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list provided you prior express written consent to receive text messages from you of the type that you had sent. You agree to provide all such information and documents reasonably requested by Onstage Publications. Onstage Publications reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to suspension and/or cancellation of the Account, without any liability to you therefor.
You represent and warrant that you are aware that, among other requirements, the TCPA requires prior express written consent from a consumer before you can send them marketing text messages using an autodialer, with no purchase required as a condition of their consent, and such consent must be clear and conspicuous. Furthermore, damages for each message sent in violation of the TCPA is $500 and can be $1500 if the violation is proven to be “willful and knowing.”
You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages, and that you will promptly process all such do-not-text or do-not-call requests and maintain those numbers on your internal do-not-call/text list.
You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the Onstage Publications Sites or Services.
You represent and warrant that you have all power and authority and have procured all rights and licenses necessary to use and text enable those Phone Numbers utilized for Onstage Publications services. In the case of shared use Phone Numbers, you expressly represent that you are the Phone Number Owner.
You agree to provide legal contact information in any outbound campaign within any voice broadcast’s initial greeting message. You also agree to provide your own sound files for all outbound voice broadcast campaigns. Onstage Publications will not be liable for any misuse of the Services by you. Onstage Publications is not responsible for the views and opinions contained in any of your messages or broadcasts. You further agree that Onstage Publications is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and that Onstage Publications will only transmit them on the basis of good faith that you use the Services in accordance with these Terms.
9. Other Limitations
The following is a list of prohibitions and limitations on your use of our Services.
▪ Use for Emergency Services Prohibited.
You will not attempt to use our Services to access or allow access to Emergency Services.
▪ Reverse Engineering Our Software Prohibited.
Except as allowed by applicable law, you will not reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive or assist anyone else to create or derive the source code of any software provided in connection with our Services.
▪ Right to Reclaim Phone Numbers.
We reserve the right to reclaim any phone number from your account and to return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number, such that the phone number is unutilized or underutilized, as defined by any local or federal regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. When reclaiming unutilized or underutilized phone numbers, we will notify you at least fourteen (14) days in advance, unless we are prevented from doing so by the relevant carrier regulatory agency or governmental organization. We also reserve the right to reclaim phone numbers with no notice to you if your account is suspended for failure to pay or for suspected fraud, as well as if your free trial account is unutilized for more than thirty (30) days.
▪ Onstage Publications Is Customer of Record.
You acknowledge that Onstage Publications is the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, we have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number at our sole discretion.
10. Content Submission
“User Content” means any and all information and content that an Account User uploads, submits to, or uses with the Services. You may choose to enter this information manually or, where available, synchronize with a third-party website. Onstage Publications does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.
Onstage Publications does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
We may, at our discretion, but shall have no obligation to, pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that Onstage Publications is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
By posting User Content to the Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Content, and (v) you irrevocably waive, and cause to be waived, against Onstage Publications Parties and its Users any claims and assertions of any moral rights contained in such User Content.
Onstage Publications reserves the right, in its sole discretion, to refuse to accept any content provided by you to Onstage Publications and/or the Services or to refuse to process or fulfill any order at any time and for any reason. Onstage Publications further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the Onstage Publications Terms and/or Additional Terms, your use of the Services and/or our products for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by Onstage Publications in its sole discretion. This action is entirely at Onstage Publication's discretion and no correspondence will be entered into. You agree that Onstage Publications shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against Onstage Publications Parties and its Users any claims and assertions of any moral rights contained in such Feedback.
▪ Confidential or Proprietary Information.
You agree that any information or materials that you or individuals acting on your behalf provide to Onstage Publications (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. Furthermore, except as otherwise required for your use of the Services as contemplated herein, you should not send any confidential or proprietary information to Onstage Publications via the Onstage Publications Sites or the email addresses referenced on the Onstage Publications Sites.
▪ Your Rights in the Information.
In connection with such information and materials, you warrant and represent to Onstage Publications that you have all rights, title, and interests necessary to provide such content to Onstage Publications and that your provision of the content to Onstage Publications does not infringe any third party’s proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret. By providing any such information or materials to Onstage Publications (other than information required for your use of the Services as contemplated herein), you grant to Onstage Publications an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials.
▪ Online Forums.
Onstage Publications may at its option provide you with one or more areas within the Onstage Publications Sites for online discussions (e.g., a message board, wiki, chat room, or blog). Should you choose to participate in such a forum, you agree to not utilize the forum for illegal or inappropriate purposes. Onstage Publications reserves the right, but will not be obligated, to edit or delete postings to its forums at any time and for any reason. Onstage Publications shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
11. Intellectual Property
Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of Onstage Publications. Onstage Publications retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your Onstage Publications I.D., account, account designation, password and other Onstage Publications information), use of the Service, or access to the Service.
▪ No Customer Right to Onstage Publications Intellectual Property.
You are permitted to access the Onstage Publications Services and any content provided by Onstage Publications (which may include text, images, hosted software, sound files, video, or other content and which may be provided via the Onstage Publications Sites or otherwise) solely for the purpose of receiving information about Onstage Publications’ business and products, purchasing and utilizing our Services, communicating with us, entering prize promotions offered by us, or as otherwise stated on the Onstage Publications Sites. Onstage Publications hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Onstage Publications Services solely for that purpose. We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Onstage Publications Sites. Except as expressly provided in these Terms, the availability of the Services and the Onstage Publications Sites does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets, and other intellectual proprietary rights contained in the Onstage Publications Services are the sole property of Onstage Publications or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services, including any proprietary communications protocol used by the Services without the express written permission of Onstage Publications. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified, or otherwise exploited, in whole or in part, without the permission of the owner.
▪ Compliance with the Digital Millennium Copyright Act.
Onstage Publications abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Onstage Publications and that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter-notification, also in accordance with the DMCA. Onstage Publications does not control content hosted on third-party websites, and we cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed. Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Onstage Publications’ rights and obligations under the DMCA and, in particular, section 512(c). They do not constitute legal advice.
▪ Filing a Notice of Infringing Material Under the DMCA.
To file a notice of infringing material on a Site owned or controlled by Onstage Publications, please provide a notification containing the following details:
Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, the title, author, any registration or tracking number, and URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);
Your contact information so that we can contact you (for example, your address, telephone number, or email address);
A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
Your physical or electronic signature.
We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). Onstage Publications’ designated Copyright Agent is:
Garett Orlowski
866-577-3303
gorlowski@onstagepublications.com
12. Payment Terms & Fees
Your use of our Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the Onstage Publications Sites via stripe or through an invoice sent from Onstage Publications), in the amounts and using the methods indicated on the Onstage Publications Sites unless otherwise agreed upon and noted by both parties in a signed agreement. Your payment for the Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when Onstage Publications receives the full amount of payment owed for such Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans. You are responsible for paying for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Onstage Publications is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment to account for costs that are not in our control. Accordingly, we may adjust our fees from time to time and without prior notice.
You agree to provide current, complete, and accurate purchase and account information for all purchases made for the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
▪ Payment by Credit Card / Stripe or Invoice / Onstage Accounting.
You hereby authorize Onstage Publications to charge your credit card as set forth in the Paid Service Plans section herein to a monthly/yearly Services fee, and overage fees to Onstage Publications at the rates set forth on audienceaccess.co/solutions#pricing or the agreed upon rate.
▪ Pass Through Charges.
If at any time after execution of this Agreement, a Network Operator or other Third-Party changes the Third-Party Charges on Provisioned Phone Numbers then Onstage Publications, at its discretion, may pass through such fees (“Pass Through Charges”) to you at cost.
▪ Additional SMS Fees.
Each of the paid service plans come equipped with SMS credits that are used to send and receive text messages via the dedicated phone number the Account has chosen or can choose upon entering into one of the Paid Service Plans where SMS texting is an option. The quantity of credits alotted for each month varies between the Paid Service Plans. If the Account in question exceeds the allowed number of credits per month then the Account may be charged overage fees in the amount of 0.05¢ per additional credit used within a billing period.
All payments services in connection with the collection of funds on the Audience Access platform and/or our Services are performed by Stripe or Onstage Publications' Accounting Department. You agree to receive invoices and/or payment receipts from Onstage Publications in electronic form as PDF documents, by email or via Stripe.
Onstage Publications will charge your indicated method of payment for the Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes, where applicable, and any other amounts indicated on our Sites. Onstage Publications will assess an additional charge based on the costs Onstage Publications incurs for porting each DID number assigned to you that you request to be ported within six months of the original assignment by Onstage Publications, and Onstage Publications may further restrict your ability to port telephone numbers assigned to you by Onstage Publications consistent with FCC regulations. Your account will be credited within 24 hours of Onstage Publications verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Onstage Publications.
By using any payment method and/or providing payment details for making purchases on Audience Access, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company/organization or person that owns the payment method, you are authorized by that company/organization or person to use the payment method to make payments on Audience Access; and (d) such actions do not violate any applicable law.
Onstage Publications cannot readily or accurately ascertain your location when you request to use the Services. You, therefore, agree that your use of the Services occurs in Ohio and is subject to any applicable Ohio taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by Onstage Publications, you agree that you will pay them to any applicable taxing authority when due, including any interest or penalties assessed.
Onstage Publications shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and Onstage Publications, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key.
In the event of accidental underbilling in favor of a Customer and a Customer’s subsequent nonpayment, Onstage Publications shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from the counsel of Onstage Publications’ choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
13. Fee Disputes
You must notify us in writing if you dispute any portion of any fees paid or payable by you under this agreement. You must provide that written notice to us within ninety (90) days of the applicable charge, and we will work together with you to promptly resolve the applicable dispute. If you do not provide us with this written notice of your fee dispute within this 90-day period, you will not be entitled to dispute any fees paid or payable by you.
14. No Warranty; Limitation of Liability
Onstage Publications reserves the right to modify, suspend, or discontinue the offering of any of the Onstage Publications Services at any time and for any reason without prior notice. Further, while Onstage Publications utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, we cannot guarantee the security or integrity of the data and shall not be liable for breaches of security or integrity, a third-party interception in transit, or any damage caused to your computer or other property by your use of the Onstage Publications Services.
You acknowledge that text messages and voice broadcasts are transmitted unencrypted and that eavesdropping of communications by third parties is possible. Onstage Publications recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
Onstage Publications shall use commercially reasonable efforts to make access to the Services available through the required access protocols but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Onstage Publications will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs); for any act or omission of a third party (including those vendors participating in Onstage Publications offerings made to you); for equipment that we do not furnish; or for damages that result from the operation of customer-provided systems, equipment, facilities, or services that are interconnected with the service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE ONSTAGE PUBLICATIONS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, ONSTAGE PUBLICATIONS DOES NOT WARRANT THAT THE USE OF THE ONSTAGE PUBLICATIONS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (EG, HACKING), NOR SHALL ONSTAGE PUBLICATIONS BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. ONSTAGE PUBLICATIONS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR THAT THE ONSTAGE PUBLICATIONS SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.
ONSTAGE PUBLICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE, AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW. ONSTAGE PUBLICATIONS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF Revenue, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE ONSTAGE PUBLICATIONS SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT, SOFTWARE, OR DATA, ONSTAGE PUBLICATIONS IS NOT RESPONSIBLE FOR THOSE COSTS. ONSTAGE PUBLICATIONS’ TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE ONSTAGE PUBLICATIONS SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO ONSTAGE PUBLICATIONS HEREUNDER.
15. User Warranties; Indemnification
You warrant and represent to Onstage Publications that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Onstage Publications Services, including, without limitation, the TCPA, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.
You agree to indemnify and hold harmless Onstage Publications and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Onstage Publications in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the Onstage Publications Services. You acknowledge and agree to be held liable for any and all damages caused to Onstage Publications by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by Onstage Publications to you.
You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action. We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.
You hereby release and forever discharge Onstage Publications from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, the Service or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.
You expressly acknowledge, represent, warrant, and agree that you understand:
The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and are not guaranteed to produce results.
Company does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any, data, products, or services, found through the Service.
Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products, or services found through the Service.
Neither Company, nor its employees or officers, are presenting themselves for the purpose of the Services as legal counsel, financial advisor or any other qualified professional and make no representations or promises regarding any Material or Content or products posted to the Site.
You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
16. Termination, Cancellation, and/or Suspension by Onstage Publications
If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason, we may deem necessary to continue to provide our Services in a way that may be hindered by your status as one of our clients, your financial status, or the content of the messages or broadcasts originating from you. Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Onstage Publications shall have no obligation to you after any termination or cancellation of these Terms. Should such termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Onstage Publications, including, without limitation, the payment of transfer duties, legal costs, third-party costs, and penalties.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.
Notwithstanding anything to the contrary herein We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases.
Onstage Publications will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your information. You may terminate your use of Onstage Publications Service at any time
17. Termination by You
Accounts not participating in a Revenue Share agreement are free to terminate or cancel your use of the Services at any time and for any reason. If you are on a monthly subscription plan using a credit card via Stripe, you can cancel your use of the Services by logging into your account and navigating to the Supscription management section. If your are on a monthly Subscription where you receive invoices via Onstage Publications, you must provide written notice to us fifteen (15) days pior to your next invoice date.
Accounts that are participating in a Revenue Share agreement with Onstage Publications must refer to the agreement signed by both parties and adhere to the renewal and cancellation policy stated therein. Accounts participating in a Revenue Share agreement where advertising has been sold that wish to proceed with termination will be subject to the terms and/or penalties/expenses set herein in Section 3 under 3e. 'Bundle It' & Advertising Revenue Share Services and any terms or penalties/expenses stated in the Revenue Share agreement.
Notwithstanding the foregoing, unless due to a breach solely by Onstage Publications that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Onstage Publications be obligated to refund to you the reasonable value of any unused credits or unused time previously purchased by you.
18. Links to Other Websites
The Onstage Publications Sites may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Onstage Publications of the contents on such third-party websites. Onstage Publications is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Onstage Publications cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Onstage Publications Sites, since these websites are owned and operated by independent third parties. Onstage Publications does not endorse any of the products/services, and Onstage Publications has not taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party websites. Furthermore, Onstage Publications does not make any representations or warranties as to the strength of the security practices for storing any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. Onstage Publications strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Onstage Publications consents to your use of links to the Onstage Publications Sites that conform to the following requirements. The appearance, position, and other aspects of any link to the Onstage Publications Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Onstage Publications nor be such as to damage or dilute the goodwill associated with the name and trademarks of Onstage Publications or its affiliates. Moreover, Onstage Publications reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
19. Security Rules
You are prohibited from violating or attempting to violate the security of the Onstage Publications Services and from using them to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Onstage Publications Services, host, or network, including, without limitation, by means of submitting a virus to, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Onstage Publications Sites; (d) sending unsolicited email, including promotions and/or advertisements of products or services; or (e) forging any Onstage Publications packet header or any part of the header information in any email, instant message, text message, or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting Onstage Publications Customers who are involved in such violations.
20. Force Majeure
Onstage Publications shall not be liable for any failure or delay in performing our obligations hereunder if such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, order of any governmental authority, or any other cause beyond the reasonable control of Onstage Publications. In addition, Onstage Publications shall be so excused in the event that it is unable to acquire from its usual sources, and on terms, it deems to be reasonable, any material necessary for the performance of our Services.
21. Choice of Law
The enforceability and interpretation of Section 24 (Agreement to Arbitrate) will be determined in accordance with the Federal Arbitration Act, 9. USC §§ 1-16, as amended (the “Federal Arbitration Act”), including its procedural provisions. Apart from Section 24 (Agreement to Arbitrate), the Terms shall be governed by and construed in accordance with the substantive law of the State of Ohio (subject to any applicable preemption or supersedence by US federal substantive law) without regard to conflict of law principles that would cause laws of another jurisdiction to apply.
22. Agreement to Arbitrate
Most disputes can be resolved by contacting our Customer Support team. We strongly encourage you to reach out to them before you decide to bring a formal legal case.
▪ We Both Agree to Arbitrate.
If we are not able to successfully work together to resolve the dispute, you (and any of your affiliates) and Onstage Publications (and any of our affiliates) all agree to resolve any dispute arising under these Terms (including our privacy policies) or any dispute relating to our Services by binding arbitration in Dayton, Ohio.
This agreement to arbitrate applies to all claims under any legal theory, including any claim that requires the interpretation of this document, except for the exception below in subsection 24.2 (Exception to Agreement to Arbitrate). This agreement also continues to apply after you have stopped using our Services. If we have a dispute about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, we all agree that the arbitrator will decide that as well. In addition, if any of us brings a claim in court that should be arbitrated or if any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
▪ Exception to Agreement to Arbitrate.
Anything in the foregoing paragraphs to the contrary notwithstanding, Onstage Publications may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. Moreover, you consent to the personal jurisdiction of these courts.
▪ Arbitration Procedure.
The Commercial Arbitration Rules of the American Arbitration Association (“Rules”) then in effect shall apply to the arbitration, except to the extent that they conflict with any express provisions in this Section 24 (Agreement to Arbitrate).
A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. If the dispute is one to be decided by arbitration and such agreement cannot be reached within thirty (30) days after the dispute first arose, the selection of the arbitrator shall be made in accordance with the Rules as then in effect.
Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discoveries shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery.
The award of the arbitrator shall be based on the evidence admitted and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator. It shall set forth in writing the factual findings and legal reasoning for the award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (but the foregoing is not intended to limit Onstage Publications’ access to the courts to the extent provided in subsection 24.2). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms.
Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties, and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. The statute of limitations applicable under Texas law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.
▪ Recovery of Costs and Attorney’s Fees.
In any action or proceeding to enforce rights under these Terms, Onstage Publications and any of its affiliates will be entitled to recover costs and attorneys’ fees if we substantially prevail.
▪ Class Action Waiver.
Both you (and your affiliates) and Onstage Publications (and our affiliates) agree that any claims or controversies between us must be brought against each other only on an individual basis. Neither you (and your affiliates) nor Onstage Publications (and our affiliates) can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person or entity’s claims into a single case and cannot preside over any class, consolidated, or representative proceeding (unless we agree otherwise). Moreover, the arbitrator’s decision or award in one person or entity’s case can only impact the person or entity that brought the claim, not other Onstage Publications customers; it cannot be used to decide other disputes with other customers. If a court decides that this subsection 24.5 (Class Action Waiver) is unenforceable or invalid, then the entire Section 24 (Agreement to Arbitrate) will be null and void. But the rest of the Terms will still apply.
23. Entire Agreement
The Terms are only those stated herein, and they shall constitute the complete agreement between the parties. These Terms supersede all prior and contemporaneous proposals, statements, sales materials, presentations, and agreements, whether oral or written. No terms or conditions stated in or attached to your communications with Onstage Publications are applicable to these Terms in any way, and they are not to be considered exceptions to the provisions of these Terms.
24. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
25. No Waiver
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any waiver must be in writing and signed by both parties to be legally binding.
26. Relationship of the Parties
You and Onstage Publications are each independent contractors in the performance of each and every part of these Terms. No agency, partnership, joint venture, franchise, or employer-employee relationship is created as a result of these Terms. You will be solely responsible for all of your employees, agents, and your labor costs and expenses arising in connection with them; Onstage Publications will be solely responsible for all of our employees, agents, and our labor costs and expenses arising in connection with them. Likewise, you will be solely responsible for any and all claims, liabilities, damages, or debts of any type that arise on account of your activities or those of your employee’s or agents in the performance of these Terms; Onstage Publications will be solely responsible for any and all claims, liabilities, damages, or debts of any type that may arise on account of our own activities or those of our employees or agents in the performance of these Terms. You do not have any authority of any kind to bind Onstage Publications in any respect whatsoever, and you shall not attempt to do so or imply that you have the right to do so.
27. Notice
All notices that you are required to make hereunder shall be in writing. Onstage Publications may give notice to you by means of a general notice on the Onstage Publications Sites or Services, electronic mail to your email address on record in Onstage Publications’ account information for you, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in Onstage Publications’ account information for you.
28. Texting Guidelines
Onstage Publications will not contact any of your patrons, and all communication relies on you, the organization.
Regulations governing how campaigns reach out to people on their mobile phones, the opt-in process becomes mandatory for text messaging campaigns. Organizations need to receive permission from the patron before sending out messages.
29. Downtime & Refund Policy
▪ For purposes of this Agreement, a Unit of Downtime is one period of at least 1 day during which access to Audience Access is unavailable because of problems with hardware or system software. Downtime does not include:
problems caused by factors outside of our reasonable control
problems resulting from any actions or inactions by you or any third party
problems resulting from your equipment and/or third party equipment not within our sole control, or
network unavailability during scheduled maintenance of our network and/or web servers.
▪ In any calendar month, we guarantee that Downtime will not exceed 1 Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 10pm and 8am. We work to ensure the functioning of all web servers through continuous monitoring by our staff.
▪ If Downtime exceeds 1 Units of Downtime in any calendar month, we will, upon your written request, credit your account (a “Downtime Credit”) in an amount equal to the pro-rata price for one (1) day of service, for each instance of Downtime as that term is defined herein.
▪ To receive Downtime Credit, you must request such credit by sending an email to accounting@onstagepublications.com within seven (7) days after the occurrence of Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (7). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to you within thirty (30) days of the expiration of your service agreement.
▪ If you are unhappy with any aspect of our service, please contact us and we will attempt to rectify the situation. Because we are providing a service, which starts when you create the Account, we can not provide a refund except when the service has not been acceptable. This is at our discretion only. No refunds will be made if we terminate your account due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights. No bill credit will be given for a period of suspension.
