1. Overview
These Terms of Service (“Terms”) apply to all access to or use of the Onstage Publications websites, offerings, and services (collectively, “Platform,” “Property,” "Site,” "Service” or “Services”) by a Party or Parties as defined in Section 2. The Services are described in more detail in Section 4. 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 in your location 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 terms 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.
Modifications: Onstage Publications may, at our sole discretion, modify these Terms, and such changes will be effective and deemed accepted by you, either upon your next access or use of the Services after we have made such changes or 30 days following the earlier of either notification to you or our posting of the changes to the Services. We encourage you to check back here for any such changes from time to time. YOUR ACCESS TO OR USE OF THE SERVICES IS GOVERNED BY THE THEN-CURRENT TERMS. The “Last Updated” date at the top of 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. 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 these Terms of Service.
Products offered through this Site are 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, including those made using your 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 sending you a confirmation email with the 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 and may 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.
Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise) of any portion of the Services, including but not limited to any content, services, digital products, tools, or products, is hereby expressly prohibited.
2. The Parties
2.1. “Party” and “Parties” in this Terms of Service agreement are defined as a business, organization, or individual who has entered into this binding agreement, the Terms of Service, by accessing or using the Onstage Publications websites.
2.2. “Onstage Publications,” “we,” “us,” “our,” or "Company” refers to Onstage Publications.
2.3. “You,” “your,” “Customer,” and “Account” refer 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,” “Customer,” and “Account” will refer to the account holder/organization and “Patron,” “patrons,” “Audience Member,” and “End User” will refer to anyone who accesses the digital program or uses Site features but is not an account holder. 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.
2.4. “Contract Signer,” “Contracted,” or "Client” refers to anyone who has signed a Managed Program Book Service and/or Managed Advertising Sales contract.
3. Definitions
3.0 “Sales Rep,” for purposes of this Agreement, is defined as any person who sells or places advertising on the Site for Onstage Publications.
3.1 “Advertising,” for purposes of this Agreement, is defined as any and all text, graphical, audio, and/or video advertisements served on the Site, including, but not limited to, advertisements sold by Sales Reps, sponsorships, affiliate programs, and any other revenue-generating or value-creating placements on the Site that Sales Reps sell or are placed programmatically via a third party (for example, Google Adsense).
3.2 “Advertiser” refers to any party placing Advertising on the Property through the Account or Onstage Publications’ provision of the Services. This includes advertisers (the products or services of which are the subject of an Advertisement), as well as ad networks, DSPs, SSPs, exchanges, agencies, and other partners and intermediaries involved in the placement of Advertising sold by Sales Reps or placed via a third party (for example, Google Adsense).
3.3 “Content” means any and all digital, audio, and video materials, including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound, and other related intellectual property contained in materials uploaded or otherwise provided by, or viewed by, you and/or your agent and/or your End Users in connection with the Services. Any and all Content Submissions are governed by the Terms set forth herein, in Section 5.
3.4 “Direct Sales” are defined by the Sales Reps in their sole and absolute discretion. Direct Sales may include, but are not limited to, any direct insertion order, Private and Preferred deals, Programmatic Guarantee (PG), or curated demand. Sales Reps will have the right in their sole discretion to deem sales as Indirect Sales.
3.5 “Platform,” “Property,” "Site,” "Service,” or “Services” are defined in Section 1.
3.6 “Term,” “Initial Term,” and “Agreement” are defined in Section 1.
3.7 “Affiliates,” in this agreement, refer to 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.
3.8 “Subscription,” “Membership,” “Plan,” and “Service Plan” are defined in Section 4.
3.9 “Managed Program Book Service,” “Managed Advertising Sales Agreement,” “Revenue Share,” “Contract,” “Agreement,” and “Revenue Share Agreement” are defined in Section 4.
4. The Services
When we refer to our Services in these Terms, we refer to any of our platform services, including, but not limited to, our digital programs, design services, printed program books, features, websites, account portals, advertising sales/revenue share, and technical support. In addition to onstagepublications.com and audienceaccess.co, Onstage Publications provides Services through various other websites. These Terms apply equally to any rebranded or white-label version of Onstage Publications’ platform services.
4.1. Eligibility.
In order to use the Service, you must:
- Be at least eighteen (18) years old and able to enter into contracts;
- Complete the Account registration process;
- Agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
- Provide true, complete, and up-to-date contact and billing information;
- Be based in the United States and/or Canada;
- 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 will not 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 regarding Subscriptions, Memberships & Plans may not apply to you and your account. All accounts using Audience Access Service Plans prior to May 16, 2023, will retain the usage limits they had concerning monthly page views as well as the features associated with the Account unless or until the Account is updated and/or changed to a different plan.
4.2. Subscriptions/Memberships/Plans.
Offers and pricing for subscriptions (the “Subscription”) (also referred to at times as memberships or plans), the subscription services, the extent of available subscription features, and the specific themes/abilities available through subscription services may change over time and by location without notice (except as may be required by applicable law).
Your Audience Access subscription will continue and automatically renew until terminated. To use Audience Access as a Subscription service, you must have internet access and a ready device (such as a mobile device, tablet, and/or computer) and provide us with one or more “Payment Methods,” which is defined in these Terms to mean a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party (for example, Stripe). You may choose to cancel your account at any time, subject to the terms set in Section 6 below. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Termination/Cancellation" below).
We may offer a number of subscription plans, including subscription plans that contain text, graphical, audio, and/or video advertisements (“Ad-Supported”). Ad-Supported plans where Onstage Publications has placed advertising are not included in the Revenue Sharing Agreement, regardless of whether revenue has been generated from either direct sales, programmatic advertising, or other means unless a Managed Advertising Sales Contract has been signed. Please note that our subscription plans that are not Ad-Supported may still contain limited advertising content, such as branded content or sponsorship messaging that has been directly sold by either the Account holder or our Sales Rep if the Account has signed a Managed Advertising Agreement. Certain subscription plans include the service where Onstage Publications and our on-site design staff build out events for the Account (the “Custom Built Events”); this service varies based on the subscription plan. Subscription plans may have differing features, conditions, and limitations (for example, data retention, SMS messaging, pageviews), which are disclosed on the digital pricing page for Audience Access prior to sign-up. You can also find specific details regarding each subscription herein Sections 4.3 and 4.4, which outline what each subscription plan includes as well as their limitations.
Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per the Terms set forth in Section 14. The pricing for subscriptions, memberships, or transactions that occur through the platform may include taxes; where applicable, such taxes will be collected by the party with whom you transact for the service, which may be Stripe or a third party. We make no guarantee as to the availability of specific Subscription Features or the minimum amount of Subscription Features available in any subscription. Additional terms applicable to a subscription will be indicated in the informational section for that subscription located in Sections 4.3 and 4.4. Some of the subscription services that we offer are from third parties. Third parties that provide subscription features (for example, through Twilio) may change or discontinue the features of their services or the content in their services. Onstage Publications is not responsible for the content contained in any third-party service or the features of these services.
All Content Submissions are governed by the Terms set forth herein, in Section 5.
4.3. Free Service Plan
All accounts that sign up for Audience Access start on the Free Service Plan until they self-select a higher-tier plan.
▪ Community Plan
All Accounts have access to basic digital program functionality under the free service plan (“Community Plan”). Our Community Plan is an Ad-Supported plan that includes the basic features of Audience Access, including, but not limited to, five hundred (500) page views "page loads" per month on the digital program, one (1) month data retention, one (1) user seat, and access to the QR Code Creator, Design Service features, and the Priority Support network with a response time of three days or less. If you use the Service under the Community Plan and you want to go over the Community Plan limits, you’ll be required to select and pay for a Paid Subscription Plan. Paid Subscription Plans are described in Section 4.4 below. If you exceed your Free Service Plan limits or otherwise upgrade your account to a Paid Subscription Plan, you’ll only be provided one complimentary downgrade to the Free Service Plan (provided your SMS texting credit volume, page views, and other feature usage drop down to the Free Service Plan usage limits in effect at the time of downgrade) per calendar year. If you go over the limits for the Free Service Plan more than once, you’ll no longer qualify for the Free Service Plan, even if your future SMS texting credit volume, page views, and other feature usage are within the limits of the Free Service Plan. Onstage Publications is not required to create, layout, or build any digital events or print materials for the Account unless contracted to do so via the Design Services provided through the Audience Access platform.
4.4. Paid Subscription Plans
If you sign up for a paid monthly subscription plan (the "Monthly Subscription") or a paid yearly subscription plan (the "Yearly Subscription"), you will be required to self-select your plan (e.g., Silver, Gold, Platinum Plus) (together, your “Paid Subscription Plan”) from the options posted on our Audience Access Site based on your anticipated use of the Service. Each Paid Subscription Plan offers different pricing and feature options and has varying usage limits. Once you select your Paid Subscription Plan, Audience Access will never automatically upgrade or downgrade your Paid Subscription Plan. If you exceed your Paid Subscription Plan usage limits (either by exceeding your page view or monthly SMS texting credit limits, or both), you may incur additional charges for the prior billing cycle based on your current Paid Subscription Plan, which will be detailed on your bill and in your account. You can find more information about Overage Fees in Section 6.
A Monthly Subscription will always have the option to downgrade to a lower tier or upgrade to a higher tier plan at any time. If you upgrade or downgrade during a billing cycle, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at each of the lower tier and the higher tier (including any applicable additional charges for the higher tier). Your bill will reflect a one-time prorated billing charge, which may be more or less than the usual monthly billing amount for the upgraded plan.
Yearly Subscriptions do not have the option to downgrade or upgrade tiers freely, as the Account is paid in full for the entire year. You must contact your account representative to discuss any need to upgrade, downgrade, or increase usage limits in the middle of the Subscription Term.
When you sign up for a Paid Subscription Plan, you agree to monthly or yearly recurring billing, starting on the date you sign up. Billing occurs on the same day each month or year, based on the date that you first started paying for any recurring monthly or yearly plan. Monthly 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. Yearly payments are due on the same or closest date to the day you made your first yearly payment (the “Invoice Date”). If any part of a new calendar year is included in the Term and the Account has not notified Onstage or terminated their Account prior to the automatic renewal date, then payment is required for the full year.
If you exceed your self-selected usage limits for your Paid Subscription Plan, you may have to pay additional charges (as described above) for the prior billing cycle on or before the next Pay Date, even if the Term ends or you downgrade to a Free Service Plan before that payment is otherwise due. You may choose to cancel your account at any time, subject to the terms set in Section 14 below.
4.4.1. Ad-Supported Plans
Our Ad-Supported Subscription Plans offer everything our users love about Audience Access' basic features at a lower price, with a few ads in-between. Audience Access ad-supported plans help us at Onstage ensure that our customers can continue to enjoy our digital program, plus other basic features, at a lower monthly rate. Onstage Publications may place Advertisements (as described above) in any of our Ad-Supported Plans as we see fit. Onstage Publications is not required to create, layout, or build any digital events or print materials for the Ad-Supported Plans unless a Managed Program Book Services agreement has been signed, the plan itself states otherwise, or we are contracted to do so via the Design Services provided through the Audience Access platform.
▪ Silver Plan.
The Silver Paid Subscription Plan (“Silver Plan”) gives your account access to the basic functions of Audience Access, including, but not limited to, two-thousand (2,000) page views ("page loads") per month on the digital program, two (2) months data retention, three (3) user seats, access to the QR Code Creator, and Design Service features, and is included in our Priority Support network with a response time of 48 hours or less. 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 exceed the Silver Plan limits, you’ll be required to select and pay for a higher-tier Paid Subscription Plan or you may be charged additional fees (as described above).
▪ 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, four-thousand (4,000) page views "page loads" per month on the digital program, four-thousand (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.The Silver Plus Plan is included in our Priority Support network with a response time of 36 hours or less.
If you use the Service under the Silver Plus Plan and exceed the Silver Plus Plan limits, you’ll be required to select and pay for a higher-tier Paid Subscription Plan or you may be charged additional fees (as described above).
▪ Gold Plan.
The Gold Paid Subscription 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, except for the SMS Texting Features. The Gold Plan includes unlimited page views ("page loads") per month on the digital program and is included in our Priority Support network with a response time of 24 hours or less.
The Gold Plan includes the Custom Built Events, 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 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 prior to Onstage Publications' involvement via the Design Services provided through the Audience Access platform.
If you use the Service under the Gold Plan and exceed the Gold Plan limits, you’ll be required to select and pay for a higher-tier Paid Subscription Plan or you may be charged additional fees (as described above).
4.4.2. Managed Subscription Plans
Our Managed Subscription Plans are ad-free subscription plans, unless a Managed Advertising Sales Contract has been signed. They include all of the features available in Audience Access and provide access to an account manager who assists in managing the Account (for example, creating content, uploading images and logos, and setting up the SMS keywords).
▪ Gold Plus Plan.
The Gold Plus Paid Subscription Plan (“Gold Plus Plan”) gives your account access to all of the functions of Audience Access, including, but not limited to, ten thousand (10,000) SMS texting credits, unlimited page views ("page loads") per month on the digital program, six (6) months data retention, six (6) user seats, and access to all other available features. The Gold Plus Plan is included in our Priority Support network with a response time of 12 hours or less.
The Gold Plus Plan includes Custom Built Events, 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 Onstage Publications to create more than your allocated three (3) events per month, a Design Service request for 'Event Creation' must be made and submitted with payment prior to Onstage Publications' involvement via the Design Services provided through the Audience Access platform.
If you use the Service under the Gold Plus Plan and exceed the Gold Plus Plan limits, you’ll be required to select and pay for a higher-tier Paid Subscription Plan or you may be charged additional fees (as described above).
▪ Platinum Plus Plan.
The Platinum Plus Paid Subscription Plan (“Platinum Plus Plan”) gives your account access to all of the functions of Audience Access, including, but not limited to, fifteen thousand (15,000) SMS texting credits, unlimited page views ("page loads") per month on the digital program, twelve (12) months data retention, unlimited user seats, and access to all other available features.
The Platinum Plus Plan includes Custom Built Events, 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 Onstage Publications to create more than your allocated five (5) events per month, a Design Service request for 'Event Creation' must be made and submitted with payment prior to Onstage Publications' involvement via the Design Services provided through the Audience Access platform. The Platinum Plus Plan is included in our Priority Support network with a response time of the same day.
If you use the Service under the Platinum Plus Plan and exceed the Platinum Plus Plan limits, you’ll be required to pay for additional credits or fees concerning the limits you need adjusted. This Overage Fee, as described in Section 6, will be sent as a separate invoice for the billing cycle.
4.4.3. Introductory Offer Terms & Conditions
From time to time, at our discretion, we may offer an introductory promotional discount of 15%, 25%, or another chosen amount off the monthly base price of our Platinum Plus, Gold Plus, or Gold plan for the first twelve (12) months of service, starting from the date of enrollment, followed by the then-current monthly price based on your usage needs. The discount applies to the monthly subscription plan. Your account will automatically be charged on a monthly basis until you cancel. If you add or remove features and/or services, your service fees will be adjusted accordingly. If you upgrade or downgrade to a different plan, the price will change to the then-current list price for such relevant subscription, and the discount will not be applied to the new subscription plan. Taxes may be applied where applicable. Accounts will be placed on hold if no valid payment method is on file after the promotional period ends. To be eligible for this offer, you must be a new Audience Access customer or an existing customer on the Free Service Plan, and sign up for the corresponding Paid Subscription Plan. The offer is available for a limited time only. The discount has no cash value. Audience Access accounts with compliance holds or violations are ineligible. You may choose to cancel your account at any time, subject to the terms set in Section 14 below.
You can downgrade or upgrade your monthly subscription plan on the Billing Page. Changing your monthly plan will be effective immediately. You will immediately lose the offer if you cancel your account during or prior to the end of the promotional period. Pausing or suspending your account does not pause the promotional period, and the promotion will expire 12 months from when it was originally applied to your account. The offer does not apply to associated transaction fees, overage fees, or add-on/one-time fees, such as pay-as-you-go credits, Design Services, etc. This offer cannot be combined with any other Audience Access offer(s). These offer terms do not replace Audience Access’ standard Terms of Service and Privacy Policy, which continue to apply to your use of Audience Access. All personal information will be handled in accordance with the Privacy Policy and Our Storage and Use of Your Data, as described in Section 8. Terms, conditions, pricing, special features, and service and support options are subject to change without notice.
4.5. Managed Program Book Services
Our Managed Program Book Service (the “Managed Program Book Service”) (also referred to at times as print service, printed program service, or publishing service) entails that Onstage Publications manages the processes of program book design, layout, and securing a printer. Offers and pricing for the printed program services, the extent of available services, and the specific abilities available through printed program services may change over time and by location without notice (except as may be required by applicable law).
Use of the Managed Program Book Service is available to anyone, regardless of whether they currently have a Paid Subscription Plan account on Audience Access. Anyone wanting to take part in the Managed Program Book Service must sign a Managed Program Book Service contract (the “Contract”) that has been created and agreed upon by both parties. Once the Contract has been signed, you (the “Client”) will be bound by the Terms & Conditions stated in the Contract as well as any applicable terms involving, but not limited to, Printed Program Books and Content Submission that are stated herein.
Onstage Publications reserves the right to refuse to accept a Managed Program Book Service Contract that has not been signed, at any time, for any reason, in its sole discretion.
Unless stated otherwise, price estimates (the “Quote”) do not include the costs of shipping and delivery. Prices vary depending on the publication options selected by the Client and are subject to change. Prior to signing the Contract, the Customer will be provided with an estimated cost. This estimated cost may increase after the Contract has been signed (e.g., due to shipping/delivery costs, expedited printing, increase in page count/quantity, etc.). Onstage Publications is not liable and will not be held responsible for paying any associated costs or fees that are in excess of what was originally estimated when the Contract was signed.
Please contact us at notifications@onstagepublications.com or complete the form located on this page (https://audienceaccess.co/print) to get a Quote for the Managed Program Book Services.
BY SIGNING A MANAGED PROGRAM BOOK SERVICE CONTRACT, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE, AS WELL AS ANY TERMS STATED IN THE CONTRACT, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF TERMS DIFFER BETWEEN THOSE LISTED IN THE SIGNED MANAGED PROGRAM BOOK SERVICE CONTRACT AND THOSE STATED HEREIN, THEN THE MANAGED PROGRAM BOOK SERVICE CONTRACT TERMS SHALL PREVAIL.
▪ Terms of Use
The Client is fully responsible for the final proof and layout approval (including, without limitation, approval of your Managed Program Book Service) prior to the confirmation, production, 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. If you desire material changes or if changes must be made to the completed program book print files due to an error, Onstage Publications reserves the right to charge you, the Client, a fee per change as well as for any additional expenses incurred.
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 Program Book Service publication in connection with Onstage Publications’ internal business purposes and advertising, indicating that Onstage Publications was the designer of such results and proceeds.
▪ Content Submission Timelines, Schedule, Proofs, & Revisions
All information and materials provided, created, or uploaded by the Client are considered Content Submissions and are governed by the Terms set forth and defined below in Section 5.
The Client must provide all relevant content for each order no later than 21 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. If a separate timeline or schedule has been agreed upon or provided by Onstage’s Production Manager, then it shall prevail and govern the content submission schedule.
Managed Program Book Services are limited to eight (8) revisions/corrections per publication. Clients requiring more changes and/or corrections past the allowed limit may be required to pay an additional cost of thirty-five dollars ($35) per additional revision/correction or may be required to make the changes and/or corrections on their own.
Managed Program Book Service provides up to three (3) proofs to the Client per publication, supplied to you via email or other electronic communication addressed to the Client, provided that all necessary content and information are provided. Final designs will be delivered to you electronically via email. Onstage Publications does not provide nor is obligated to provide any design files or artwork we created/supplied. Clients will have three (3) days to request revisions upon receipt of each proof. If the printer deadline is within seven (7) business days, the Client will be required to request revisions within the same day. All print delivery times are estimates, as they can vary based on pages, quantities, and location. Onstage Publications will not be liable for any missed deadlines or delays, for any reason, and will not refund customers for this reason.
The Client agrees to the Content Submission timelines. Onstage Publications is not responsible for any late printed publications that may impact your event/project timeline and/or production; you accept responsibility for not adhering to the content submission terms set forth herein.
▪ Delivery, Title and Risk
Delivery will be made to the address specified in the order confirmation or submitted via 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 depend on the availability of the product, the address it will be shipped to, and whether the product printing and shipping need to be expedited.
Any delay in delivery or defect in delivery shall not entitle the Client to cancel or terminate the entire order Contract. The Client agrees that the risk of loss and title for any printed Product passes to you upon the delivery of the Product to the chosen carrier. Subject to Section 17, Onstage Publications will not be responsible for delays, damages, or missing products due to force majeure nor shall Onstage Publications be responsible for delays in delivery due to the Account, carrier, 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 a delay in delivery, nor shall Onstage Publications be responsible for any associated costs, replacements, or reprintings as a result of such a delivery.
The Client is responsible for fully inspecting all Onstage Managed Program Book Service products carefully as soon as reasonably practicable after delivery. For any products provided in an electronic format, the Customer agrees that delivery of such Onstage Managed Program Book Service products shall be deemed to have occurred at the time we transmit the product via email or other electronic communication addressed to the Client. Upon inspection, the Client 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 forty-eight (48) hours after receipt of the Onstage Managed Program Book Service products if the Client wishes to request reparations. Failure of the Client to timely notify Onstage Publications after receipt as indicated in this section voids the product and excuses Onstage Publications from any liability.
▪ Creation, Production & Shipping Times
Production time ONLY refers to the time it takes to design and layout your order. Print time ONLY refers to the time it takes to print your order, if applicable. Shipping/delivery times are separate and based on the zip code, if applicable.
Print time on your order begins on the first business day after your order has been approved and processed. Production times are estimated based on a typical Client who adheres to the content submission and revision terms and follows our Production Team's timeline for content submission. Any issues with files or payment may delay your order timeline.
Print time 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 Orders are considered to be anything that is outside the scope of what is listed above or does not follow or adhere to the timeline. Rush production is not available for certain products/sizes. Rush Orders must be approved by our Production Manager. Additional fees may be applied to Rush Orders based on, but not limited to, how soon an order is needed, page count, etc.
Holiday Seasons and Rush Orders will affect the production times as well as the shipping/delivery times. Rush Orders may be charged an additional fee of up to fifty dollars ($50) per page produced. This does not include printing/shipping time.
▪ 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 and exact costs are determined by address type and 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 an order timeline, including Creation, Production, and Shipping times, or if you have any questions, please email the Production Manager at notifications@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 Managed Program Book Services will be sent an invoice or invoices for the total amount, whether in full or partial, as per the billing terms agreed upon in the Contract, 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 exceeding 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 MANAGED PROGRAM BOOK SERVICE PRODUCT AND/OR ONSTAGE PUBLICATIONS 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.
4.6. Managed Advertising Sales/Revenue Share
Managed advertising (the “Managed Advertising Service”) (also referred to at times as revenue share or managed ad sales), services, the extent of available services, and the specific abilities available through the managed advertising services may change over time and by location without notice (except as may be required by applicable law).
The Managed Advertising Service is a limited service that is only available to Accounts taking part in a Paid Subscription Plan or Clients that have signed a Managed Program Book Service contract. The Managed Advertising Service requires an agreement (the “Revenue Share Agreement”), provided by Onstage Publications, that must be signed by a representative (the “Agreement Signer”) of the Account and/or Client (the “Organization”) and approved by Onstage Publications.
With the Revenue Share Agreement, the Organization grants 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 Organization’s behalf.
Onstage Publications will, in consideration of the opportunity and license granted to Onstage Publications by the Organization, pay a percentage, in the amount set forth in the Revenue Share Agreement or as described below, of the collected ad sales revenue for the digital program and/or printed publications. Please note that the Revenue Share percentage will only include revenue that has been collected from advertising that was directly sold by Onstage Publications’ Sales Reps and not sponsorships, nationally sold, or programmatically placed advertisements.
The Revenue Share Agreement grants Onstage Publications an exclusive license to use the Organization’s name and any business or organization they are affiliated with in obtaining advertising to be included within Audience Access and/or any printed publications. Onstage Publications is also granted the right to use any of the Organization’s trademarks in the design, publication, and/or reproduction of marketing materials for Audience Access. The Organization shall not publish, or facilitate the publication of, during the term of the Revenue Share Agreement any document containing similar subject matter to Audience Access or the printed publications that could in any manner conflict with the sale of advertising. Nothing herein shall preclude the Organization from publishing infrequent, non-advertising-supported publications.
The Organization representatives 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 sponsorships or advertising within its allocated space in both the digital program and printed publications. Such sponsorships or advertising must be identified as soon as possible to avoid any conflict with the ad sales effort typically conducted by Onstage Publications several months in advance of each season’s first publication. If Organization converts a sold advertiser from the immediately prior season (in which the advertiser was not also a sponsor) into either: a) a new sponsor that receives advertising as part of the sponsorship in the then-current season, or, b) a barter ad in the then-current season, and, we are unable to renew that advertiser for paid advertising in the then-current season, then Organization agrees to pay Onstage Publications an amount equal to the amount of advertising collected from that advertiser for the prior season. Likewise, if Organization converts a currently sold advertiser from the current season into a new sponsor or barter ad, and that advertiser then cancels its agreement for paid advertising with Onstage Publications, then Organization agrees to pay Onstage Publications an amount equal to the originally contracted amount for the current year, less any net collections by Onstage Publications from that advertiser for the current year. Such payment shall be for the season of the conversion only, and no further obligation to Onstage Publications shall accrue related to that new sponsor. Likewise, such payment shall not be included in the total of collected ad sales and will not be used in determining the Revenue Share amount to be paid to the Organization. All sponsor ads shall be provided to Onstage Publications in a print-ready format acceptable to our production department.
If the Organization taking part in the Revenue Share Agreement cancels a digital or printed publication of a previously planned and announced event/production, refuses to use and/or promote the digital program, downgrades/changes their plan, or terminates their participation/subscription without adhering to the acceptable terms of termination as set forth in the Revenue Share Agreement or herein Section 14, 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 Organization 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 Organization forfeits all rights to the revenue share percentage it would have been paid from the collected ad sales revenue; Onstage Publications will not be required to pay out that revenue and may keep the proceeds generated from collected ad sales in full.
If the Organization refuses to use and/or promote the digital program or downgrades/changes their plan, and such action is deemed a breach of agreement by Onstage Publications, then the representative of the Organization shall be responsible for and liable to Onstage Publications and the Revenue Share Agreement shall be null and void. In such an event, the Organization forfeits all rights to the revenue share percentage it would have been paid from the collected ad sales revenue; Onstage Publications will not be required to pay out that revenue and may keep the proceeds generated from collected ad sales in full.
If an Organization 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 Organization 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 Organization forfeits all rights to the revenue share percentage it would have been paid from the collected ad sales revenue; Onstage Publications will not be required to pay out that revenue and may keep the proceeds generated from collected ad sales in full.
This Revenue Share Agreement shall hereafter be automatically renewed and extended for additional Performance Seasons unless the Client/Account is terminated by Onstage Publications as stated herein, or this Revenue Share Agreement is terminated by either party giving affirmative written notice to the other party of notice not to renew by the first day of February preceding the end of the Initial Term or the first day of February preceding the end of any subsequent renewal Performance Season.
Please contact our team at notifications@onstagepublications.com for more information on the Managed Advertising Services.
4.7. Pay As You Go Services
There are some services that Audience Access offers that are not included as a feature of the Site and are considered a separate service (the “Pay As You Go Service”). Access to these additional services may vary depending on the Subscription you have self-selected.
▪ Design Services.
This covers use of the digital event creation and print services (the “Design Services”) provided to all customers who currently have an active Audience Access Account. 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.
▪ Design Services Terms of Use
The Customer is responsible for fully inspecting 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 Customer 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 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 48 hours after receipt of the Design Services Products, if the Customer wishes to request reparations.
The Customer is fully responsible for the final proof and layout approval prior to the confirmation, production, 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. If you desire material changes or if changes must be made to the completed program book print files due to an error, Onstage Publications reserves the right to charge you, the Customer, a fee per change as well as for any additional expenses incurred.
The Customer agrees to the Content Submission timelines. Onstage Publications is not responsible for any late printed publications that may impact your event/project timeline and/or production; you accept responsibility for not adhering to the content submission terms set forth herein.
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, indicating 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 (e.g., due to shipping/delivery costs, expedited printing, increase in page count/quantity, etc.). Onstage Publications is not responsible for paying any associated costs or fees that are in excess of what was originally estimated when the order was placed.
If the Customer, for any reason, does not comply with Onstage Publications' content submission schedule, for which time is of the essence, Onstage Publications may require expedited production/shipping costs at the Customer’s expense or may terminate this Design Services Order without liability to the Customer on account thereof. 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 Design Services orders that may impact your event/project timeline and/or production. Onstage Publications is not under any obligation to provide the Customer with any of the working files or content created/designed by our Production Team for any Design Services order.
Use of the 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 our Production Manager. Onstage Publications is not under any obligation to provide the Customer with the working files or content created/designed by our Production Team for any Design Services order.
Once payment has been made, orders of Design Services may not be canceled.
BY PLACING AN ORDER WITH 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 DESIGN SERVICES.
▪ Content Submission Timelines, Schedules & Revisions for Design Services
Accounts must provide all relevant content to our production team for each Design Service Product ordered no later than 14-21 business days prior to the relevant printer deadline date, performance/event time and 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.
All information and materials that are provided, created, or uploaded by the Customer are considered Content Submissions and are governed by the Terms set forth and defined below in Section 5.
All Design Services are limited to five (5) revisions/corrections per order. Accounts requiring more changes and/or corrections past the revision limit must pay an additional cost of thirty-five dollars ($35) per additional revision/correction or shall be required to make the changes and/or corrections on their own.
Onstage Publications will provide up to three (3) proofs to the Account, supplied via email or other electronic communication addressed to the Account owner or an approved account user. The Account is fully responsible for the final proof and layout approval of all Design Services orders prior to 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.
▪ 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 engage the Audience Access Design Services for Print Ready Files agree to pay fifty-nine dollars ($59) per page produced if they are not members of one of the following Paid Subscription Plans: Gold Plus Plan and Platinum Plus Plan. Customers who are currently paying for a monthly/yearly subscription for one of the aforementioned Paid Subscription Plans agree to pay thirty-nine dollars ($39) per page produced by our Production Team for the Print Ready Files. Accounts that order above the 64-page limit may be required to pay additional expenses that could be incurred due to the larger order size, such as but not limited to; design expenses, extra revisions, additional layout and production times, regardless of the Paid Subscription Plan they are currently subscribed to.
▪ 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 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 17, Onstage Publications will not be responsible for 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 responsible for any associated costs, replacements, or reprintings as a result of such a delivery.
▪ Digital Event Creation
Any account that wishes to utilize the Design Services and Onstage Publications production team for Digital Event Creation must pay $149 per event that they wish Onstage to create. If the Account has not submitted all of the relevant content within the time frame stated herein and/or the Digital Event Creation was not ordered in a timely manner, Onstage Publications is not responsible for ensuring that the Digital Event is ready and published by the performance/event date and time.
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. Any orders placed where design and/or delivery must be expedited will incur additional expenses that you agree to pay in a separate invoice that will be sent after the final proof has been approved. IMPORTANT: YOU WILL NOT RECEIVE YOUR PRINT-READY FILES, DESIGN SERVICES ORDER, AND/OR DESIGN SERVICES WILL NOT SECURE PRINTING AND DELIVERY OF THE FINAL PRODUCT UNTIL PAYMENT IS RECEIVED IN FULL, INCLUDING ADDITIONAL EXPENSES.
If you have any questions, please email us at accounting@onstagepublications.com.
4.8. SMS/MMS Messaging
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 are $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 in 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. 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 Audience Access 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 Audience Access services. In the case of shared-use phone numbers, you expressly represent that you are the phone number owner.
▪ Receiving SMS/MMS Messages from the Service
If you elect to provide us with your mobile telephone number, you agree that we may call or text you at that number, in which case your carrier may charge you their text, data, voice, phone, and other rates. When we contact you via phone or text at that number, we may do so using automated technology. If you elect to receive marketing texts at that number, you will be provided with instructions on how to opt out of further texts of the type that you had elected to receive.
By subscribing to text messages, you consent to receiving, from time to time, text messages from us, which may include movie alerts, promotions, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Carriers are not liable for delayed or undelivered messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes. By providing a phone number to us, you represent that you are the primary owner of that phone number and that the information provided to us is accurate.
5. Content Submission
In this section, any reference to the Account, End User, Customer, Advertiser, Organization, or Client shall be defined as “you” or “your.”
You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of you from which such Content originated. This means that you, and not Onstage Publications, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Services. You assume all risks associated with the use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, any disclosure of your Content that personally identifies you or any third party, or ensuring that any and all Content meets the minimal requirement for accessibility compliance and ADA Standards. You, and not Onstage Publications, are entirely responsible for ensuring that all the information on your Digital Program or being used by you in the Services is easy to access by those with disabilities, and you agree that you alone will be held liable for any costs, fees, or damages that result from not being ADA compliant. You hereby represent and warrant that your Content does not violate any of the Terms of Service.
Onstage Publications does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Onstage Publications be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services.
Onstage Publications is not obligated to back up any Content, and your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Content.
We may, at our discretion, but shall have no obligation to, pre-screen Content submissions and may choose to remove 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 Content.
By posting Content to the Site or providing your Content with the purpose of using it in printed materials, you agree that (i) your 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 Content, (iii) we may have something similar to the Content already under consideration or in development, (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the 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 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.
▪ 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, (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 not to 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.
5.1. Digital Content
Prior to any submission of content for digital-related matters, such as, but not limited to, the Digital Program Book, SMS Texting Messages, or Design Services, all materials shall have been edited and proofed by you for clarity and proper grammatical content. Onstage Publications is not responsible for altering/editing any images nor are we responsible for proofing or changing grammatical/content errors without approval from you. Onstage Publications is not responsible for collecting any content on its own or asking you to provide any content deemed missing. If relevant content is left out, then you accept responsibility for not adhering to the content submission terms set forth herein. Onstage Publications is not responsible for errors not recognized during the proofing process nor shall Onstage Publications be liable for any associated costs, corrections to be made, or loss of revenue as a result of such errors.
5.2. Print Content
Prior to any submission of content for any print-related matters, such as, but not limited to, the Managed Program Book Services or Design Services, all materials shall have been edited and proofed by you for clarity and proper grammatical content. Onstage Publications is not responsible for altering/editing any images, nor are we responsible for proofing or changing grammatical/content errors without approval from you. Onstage Publications is not responsible for collecting any content on its own or asking you to provide any content deemed missing. If relevant content is left out, then you accept responsibility for not adhering to the content submission terms set forth herein. Onstage Publications is not responsible for errors 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.
5.3. Advertising Content
Prior to any submission of content for any advertising-related matters, such as, but not limited to, Advertising that Onstage is building, Sponsorships, and submitted Advertising, all materials shall have been edited and proofed by you for clarity and proper grammatical content. Onstage Publications is not responsible for altering/editing any images, nor are we responsible for proofing or changing grammatical/content errors without approval from you. Onstage Publications is not responsible for collecting any content on its own or asking you to provide any content deemed missing. If relevant content is left out, then you accept responsibility. Onstage Publications is not responsible for errors not recognized during the proofing process, nor shall Onstage Publications be liable for any associated costs, replacing, or reprinting Advertising as a result of such errors.
The Services may also present advertisements for or links to third-party websites, products, and/or services ("Third Party Ads"). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither Onstage Publications nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads. (Any party placing Advertising on the Property through Agent’s provision of the Services is referred to in these Terms as an “Advertiser.”)
5.4. SMS/MMS Messaging Content
Onstage Publications is solely a facilitator of the message traffic and has no visibility into or control over individual messages as they are transmitted through Audience Access and has no responsibility or liability with respect to the content of any individual message. However, Audience Access may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that Onstage Publications has determined, in its sole discretion, may violate an applicable rule, regulation, or law.
5.5. Content Submitted or Made Available for Inclusion on the Service
Onstage Publications does not claim ownership of content you submit or make available for inclusion on the Service. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to Onstage Publications the following worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the Service and elsewhere for the purpose for which such content was submitted or made available and also for the purpose of providing and promoting the Service to which such content was submitted or made available.
6. Fees & Payment Terms
▪ Privacy Policy.
When we refer to our Services in the Terms, we refer to any of our platform services, including, but not limited to, our digital programs, design services, printed program books, features, websites, account portals, advertising sales/revenue share, 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.
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 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.
▪ Online Forums▪ 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 Subscription 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.
All payment 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 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 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.
6.1. Overage Fees
▪ Pass Through Charges
If at any time after the execution of this Agreement, a Network Operator or other Third-Party changes the Third-Party Charges, such as, but not limited to, charges on Provisioned Phone Numbers, then Onstage Publications, at its discretion, may pass through such fees (“Pass Through Charges”) to you at cost.
▪ Additional Service Fees
During the Term of this Service, the Customer agrees to stay within the number of Active Users, Data Retention, Texting Credits, and Page Views as agreed to and pertaining to the service plan you are currently using. The service features and usage limits can be found stated herein under the corresponding Service Plan listed in sections 3a. and 3b.
▪ SMS/MMS Fees
Each of the Paid Subscription Plans comes equipped with SMS/MMS texting 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 Subscription Plans where SMS texting is an option. The quantity of credits allocated for each month varies between the Paid Subscription 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.
▪ Page View/Digital Program Usage Fees
Please be aware that page views are tracked using Google Analytics and may take between 24-48 hours to update. If the Paid Subscription Plan limits for page views are exceeded during or after Google Analytics updates, your account may be invoiced additional overage fees or be restricted and/or suspended altogether (including, but not limited to, access to the digital program).
Any usage above 110% within a given month will be considered over usage and Onstage Publications may, at our sole discretion, invoice or automatically charge the additional usage fees to your account.
6.2. 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.
7. 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 a 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 ensures 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.
8. 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.
9. 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.
10. 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 secure 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 at Onstage Publications’ sole discretion, and you may be reported to appropriate law enforcement agencies.
11. Account Conduct, End User Conduct & 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 and to ensure that Onstage Publications is complying with national and international laws, we may 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.
▪ 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 follow any Terms set herein governing Conduct and Content Submission:
You agree to not use the Services 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 Services;
- 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 Audience Access;
- Interfering with another’s use and enjoyment of the Services or Audience Access Sites; or
- Engaging in any other activity that Audience Access 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 Services. 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, including the method of collecting the subscribers’ 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.
▪ Consent from Consumer/End User
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 are $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 in 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.
12. 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 a 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.
13. 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
14. Termination, Cancellation, and/or Suspension
Onstage Publications 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 your engagement in undesirable activities, as determined by Onstage Publications in its sole discretion. This action is entirely at Onstage Publications' 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.
14.1. 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.
▪ Termination or Cancellation of Services
We reserve the right to terminate or cancel 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 and/or cancellation, 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 termination 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, minus any expenses that may be incurred by Onstage Publications, including, without limitation, the payment of transfer duties, legal costs, third-party costs, and penalties.
You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases. The provisions regarding ownership, payments, warranties, and indemnifications will survive any termination or cancellation of your use of our Services.
Onstage Publications will not have any liability whatsoever to you for any termination of your rights under these Terms, including the termination of your account or deletion of your information.
▪ Suspension of Services
We reserve the right to suspend the Services at any time if Onstage Publications, in good faith, determines: (a) that you or your End Users materially breach (or Onstage Publications, in good faith, believes that you or your End Users have materially breached) any of the Audience Access Terms of Use; (b) there is an unusual and material spike or increase in your use of the Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services; (c) that its provision of the Services is prohibited by applicable law or regulation; (d) there is any use of the Services by you or your End Users that threatens the security, integrity, or availability of the Services; (e) that information in your account is untrue, inaccurate, or incomplete; or (f) we are unable to process your payment for the Services or payment for a billing cycle has been missed and is more than 5 days past the due date. You remain responsible for the Fees (as defined in Section 6).
Onstage Publications will not have any liability whatsoever to you for any termination of your rights under these Terms, including for suspension of your account or deletion of your information.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension of your use of our Services.
14.2. Termination or Cancellation by Customer
Accounts that have not signed a Managed Program Book or Managed Advertising Sales agreement are free to terminate or cancel their use of the Services at any time and for any reason. These accounts are considered (“Standard Subscription Accounts”) and must adhere to the termination policy located below, Section 14.2.1. Accounts that have signed or entered into an agreement with Onstage Publications for one of our managed services, (“Managed Service Accounts”) must adhere to the termination policy found below, Section 14.2.2.
14.2.1 Standard Subscription Account
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 Subscription management section. If you are on a monthly subscription where you receive invoices via Onstage Publications, you must provide written notice to us fifteen (15) days prior to your next invoice date.
14.2.2 Managed Service Account
Accounts that are participating in a Managed Program Book Contract or Managed Advertising Sales Contract with Onstage Publications must refer to the Contract signed by both parties and adhere to the renewal and cancellation policy stated therein.
Accounts participating in a Managed Advertising Sales Contract where advertising has been sold and wish to proceed with termination will be subject to the terms and/or penalties/expenses set forth herein and any terms or penalties/expenses stated in the Revenue Share agreement.
If the Account participating in the Revenue Share agreement cancels a digital or printed publication of a previously planned and announced event/production, 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 been 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.
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.
15. 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 content 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 or 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.
16. 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 measures 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.
17. 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 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.
18. Choice of Law
The enforceability and interpretation of Section 24 (Agreement to Arbitrate) will be determined in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 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 U.S. federal substantive law) without regard to conflict of law principles that would cause laws of another jurisdiction to apply.
19. 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 the subsection, 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 19 (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 the subsection, Exception to Agreement to Arbitrate). 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 Ohio 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 section (Class Action Waiver) is unenforceable or invalid, then the entire Section 19 (Agreement to Arbitrate) will be null and void. But the rest of the Terms will still apply.
20. 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.
21. 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.
22. 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.
23. 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 employees 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.
24. 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.
25. Texting Guidelines
Onstage Publications will not contact any of your patrons; all communication relies on you, the organization. Regulations governing how campaigns reach out to people on their mobile phones make the opt-in process mandatory for text messaging campaigns. Organizations need to receive permission from the patron before sending out messages.
26. Downtime & Refund Policy
For purposes of this Agreement, a Unit of Downtime is one period of at least one day (24 hours) 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.
- Network unavailability during scheduled maintenance of our network and/or web servers.
In any calendar month, we guarantee that Downtime will not exceed one Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 10 pm and 8 am. We work to ensure the functioning of all web servers through continuous monitoring by our staff.
If Downtime exceeds one Unit 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 a 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 cannot 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.
27. Accessibility
In our ongoing efforts to bring quality content and services to our users, we are working towards meeting the requirements of the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. These guidelines explain how to make web content more accessible for people with disabilities and user-friendly for everyone.
Our efforts to improve the accessibility of our website include:
- Incorporating accessibility features such as text alternatives for images, captions for videos, and keyboard navigation.
- Ensuring that our website is compatible with popular screen readers and other assistive technologies.
- Providing a consistent layout and design across all pages of our website.
- Offering alternative methods to access information and services, such as contacting our team via email or phone.
Technical specifications
Accessibility of Audience Access relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer or mobile device:
These technologies are relied upon for conformance with the accessibility standards used.
Accessibility Assistance
If you experience any difficulty in accessing any part of our website or have any suggestions on how we can improve its accessibility, please do not hesitate to contact us. We value your input and will consider all suggestions to help us provide a more inclusive experience for all users.
Email: notifications@onstagepublications.com
Please provide the following information in your communication:
- A description of the issue you encountered.
- The URL (web address) of the page where you encountered the issue.
- Your contact information, so we can follow up with you and keep you informed of our progress.
Third-Party Content
While we strive to make our content accessible, we cannot guarantee the accessibility of third-party content that may be created, uploaded, linked to, or embedded within our website, such as but not limited to the Digital Program. Some of the features we provide our users, third-party users, allow them to incorporate data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials into the platform for their personal use, whether the content is created or uploaded. All third-party content is the sole responsibility of the Account/Client/End User from which such Content originated. This means that the third party, and not Onstage Publications, is entirely responsible for ensuring that any and all Content meets the minimum requirement for accessibility compliance and ADA Standards.
We encourage you to report any accessibility issues you encounter with third-party content so that we can work with the content provider to improve accessibility.
Ongoing Efforts
We understand that accessibility is an ongoing process and are committed to continually reviewing and updating our website to ensure it remains accessible. We welcome your feedback and appreciate your patience as we work towards meeting the WCAG 2.1 Level AA guidelines.
28. 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, 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 (E.G., 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.
29. 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 be 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 these 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 is not guaranteed to produce results.
- The 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.
- The 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 the Company, nor its employees or officers, are presenting themselves for the purpose of the Services as legal counsel, financial advisors, 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.
