Last updated on August 15, 2008.
Welcome to Acoustix Entertainment (“Acoustix” ,“A.E.”, “Acoustix Entertainment“). These Terms of Service govern your use of Acoustix Entertainment services.
Your use of Acoustix Entertainment services constitutes acceptance of these Terms of Services and creates a binding legal agreement. Please read the Terms of Service carefully.
All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of Iowa without regard to conflicts of law principles. These Terms
of Service constitute the entire agreement between you and Acoustix Entertainment with respect to the use of this service. Acoustix Entertainment’s failure to enforce any right or provision
in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or
provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the
fullest extent permitted by law.
Acoustix Entertainment reserves the right to amend these Terms of Service from time to time. These changes will be reflected in the Terms of Service as seen on our website and the date of the
changes will be displayed at the beginning of the document.
Registration and Information Submission
You agree that any information that you provide to us via our website forms, mail, email, and all other forms of communication will be true, accurate, current and complete. You also agree that
you will ensure that this information is kept accurate while doing business with Acoustix Entertainment. This is especially important with respect to your phone number and address, since these are
the primary methods in which we will communicate with you about your account. We will use the information you provide to us in accordance with our Privacy Policy.
Length Of Service
Acoustix Entertainment provides varied length of service determined by individual contract agreements. Each contract agreement determines the length of service based on the dates specified
within the individual contract.
Service Level Agreement
Acoustix Entertainment will provide a 99% availability of its services. Acoustix Entertainment cannot be held responsible for any incident beyond our control which would prevent us from
performing out services to the standards set forth in our agreements or contracts. This includes but is not limited to power outages, fire, extreme weather, actions of third parties, actions of
guests present at your event, etc. If such incidents occur, Acoustix Entertainment will attempt to perform our services in an alternate manner within reason. Acoustix Entertainment is not liable or
responsible for damages if such incidents occur.
Acoustix Entertainment will provide customer service and support either over the telephone or through our email systems. Contact information is provided on our contact us section of our website. Acoustix will respond to
all customer service inquiries as soon as possible. The number listed is a 24 hour line (see the "contact us" section of the website for more details).
Fees and Refund Policy
All fees for Acoustix Entertainment services and products will be provided to Acoustix Entertainment in U.S. dollars. All fees will be collected via a valid credit card, personal check, cash,
money order, registered check.
Upon successful transaction, you will receive a confirmation of receipt vial email, telephone, fax, or mail. If the transaction cannot occur because of billing error, you will receive an email
or phone call letting you know of the error and arrangements will be made to complete the transaction or make alternate transaction arrangements. If the transaction remains unsuccessful, our
entertainment services will not be provided until such time as payment arrangements are otherwise confirmed. All security deposits for Acoustix Entertainment’s services are non-refundable
except in rare cases where Acoustix Entertainment determines that it cannot in good faith perform the services due to conflict in policies, conflicts of interest, or suspicion of unethical or
illegal practices or activity.
Privacy Policy
Acoustix Entertainment is strongly committed to your right to privacy and to taking steps designed to secure your personal and financial information. To earn your trust and confidence in our
commitment, the intent of this policy is to fully disclose our privacy practices to you. We will only use your personal information in accordance with this Privacy Policy. We encourage you to read
our policy to understand the types of personal information we collect and how this information is used.
Your Consent
By using our site, you consent to the collection and use of your information as described in this Privacy Policy. Any changes to our Privacy Policy will be reflected on this page so that you are
always aware of the information we collect and how we use it.
The Personal Information We Collect
Acoustix Entertainment collects personal information necessary to respond to your requests for our customized products and services. Personal information includes, but is not limited to, name,
physical address, email address, phone number, and any other information that itself identifies or, when tied to the above information, may identify you as a specific individual. Acoustix
Entertainment may also need to collect information related to your wedding or event, including dates and places of the rehearsal, wedding and reception, name, address and phone number of wedding
coordinators, or other individuals directly related to the coordination and planning of your event .
At this time we DO NOT collect credit card information via the internet and in order to protect you and you from internet identity theft we encourage that you do NOT submit this information via our
website or email services. In the future we may provide this feature using SSL (Secure Socket Layer) encryption to protect you from identity theft or other misuse of your personal information. See
the section on how we collect information and security measures taken to protect you.
With Whom Your Information Is Shared and How It Is Used
Any personal information we collect will not be shared with any third parties. Any information regarding your wedding and/or event guests will not be shared with any third parties for
promotional purposes, and will not be used for any promotional purposes. Exceptions: If your event requires Acoustix Entertainment to coordinate with a third party involved in the planning and
execution of your event, we reserve the right to freely discuss the details of your event with this third party for purposes of coordination and execution of services.
Cookies
Currently we are not using any cookies on our website. However we may choose to do this in order to display other content or to further protect you. Cookies cannot and will not be used by us to
retrieve any personal information about you from your computer that you have not previously and voluntarily provided to us.
"Cookies" are small pieces of information that are stored by your browser on your computer’s hard drive. We use cookies in several ways (and thousands of other sites are currently using
them too!). Cookie files are used to better understand how you go through our website so that we may tailor your experience at our website. Cookies are also used to tell us whether you have visited
our website previously, and to help us determine whether you came to our website from a particular Internet link or banner advertisement. Cookies can also be used to help you to save and retrieve
passwords and other information and preferences you use on our website, saving you from having to re-enter this information upon every visit to our website. However, cookies may also be received
when you link to our site via a referring site. If this occurs the cookie placed on your system prior to arriving at our website and have no relation to Acoustix Entertainment or it’s
website. We encourage you to read the privacy policies of all such websites, as their policies may be materially different from our Privacy Policy. Acoustix Entertainment will not allow third party
advertisements or banners that could possibly place cookies on your computer. See the security measures section for more information. Most Web browsers automatically accept cookies, but if you
prefer, you can edit your browser options to block them in the future.
IP Addresses
When you connect to our website, we record your IP addresses and information on the type of operating system (e.g. Windows98) and browser software (e.g. Microsoft Internet Explorer and Netscape)
you are using. This helps us to diagnose problems with our servers and for system administration. Your IP address is also used to help gather aggregated demographic information. Keeping records of
the IP addresses that have contacted our site also allows us to track potential threats to the security of our site, and to prosecute any person(s) attempting to use our website or any of
it’s resources as a tool for harassment of Acoustix Entertainment or any of it’s customers. Any such harassment will be considered a direct attack upon Acoustix Entertainment and will
result in legal action.
The Security Measures We Take To Protect Your Personal Information
We use encryption on information and email addresses submitted via our website. Only authorized personnel from Acoustix Entertainment can decode this information and such personnel will only do
so in accordance with our Privacy Policy. In addition, to attempt to deter the theft of credit card numbers we currently do not collect credit or financial information via our website. If this
changes in the future, we will have secure "firewalls" and other security measures in place to help protect our systems against potential "hacker" break-in, and other forms of identity theft or “spam
attacks“. Again any changes to our policies in this manner will be noted in this document and the date of any changes are noted at the beginning of this document.
Third Party Service Providers
Acoustix Entertainment will not share your information with any third party service providers, marketing company, or any other party outside of Acoustix Entertainment. We feel that this practice
is unethical. If you wish to have the information we have received from you forwarded to a third party we require a written request detailing the particular information you would like to share and
the specific party you would like to have it submitted to.
Copyright
Acoustix Entertainment respects the individual property rights of others. Acoustix Entertainment claims rights of any media or contained on our web site that was created by our staff, including
the amateur and professional performances of our customers used as demonstration purposes or for entertainment on our website. If any of these performances or other media contain previously copyrighted materials we hereby agree to either remove them or seek proper authorization to use the materials. Contact our web administrator if any of the materials are in question. Also see our section on Copyright concerns for
additional information.
Additional Information About Online Privacy and Changes To Our Policy
Please be aware that on our site we may have advertisements and links to other websites that may collect personal information about you. This Privacy Policy does not cover the information
practices or policies of such websites. The only advertisements allowed on our site are for those of our customers and are intended to provide additional information on the locations that Acoustix
Entertainment is available for General Public events. We encourage you to read the privacy policies of all such sites, as their policies may be materially different from our Privacy Policy. Any
material changes in the way we use personal information will be described in future versions of this Privacy Policy. Of course, you may always submit concerns regarding our Privacy Policy or our
privacy practices to our Customer Service Center at support@acoustixentertainment.com. Please reference the Privacy Policy in your subject line. We will attempt to respond to all reasonable
concerns or inquiries within five business days of receipt.
Copyright concerns
Acoustix Entertainment respects the individual property rights of others. If you believe your copyright in a work has been violated through this service, please contact Acoustix Entertainment
for notice of claims of copyright infringement. You can reach us at: webadmin@acoustixentertainment.com, or at Acoustix Entertainment, PO box 102 ,Elk Point SD 57025. You must provide the following
information, which Acoustix Entertainment may respond and rectify the alleged infringement:
1. Describe the copyrighted work that you believe has been infringed;
2. Identify the material on the web site that Acoustix Entertainment maintains that you believe infringes your work, with enough detail so that we may locate it;
3. Provide your contact information, including: full name, address, telephone number, and email address;
4. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. Declare under penalty of perjury that
(a) the information you have provided to us is accurate, and
(b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,
6. Provide your physical or electronic signature.
Upon receiving your complaint, Acoustix Entertainment may remove content that you believe infringes your copyright. In addition, Acoustix Entertainment may request permission to use the material
by providing the proper credit and copyright information as well as linking (or posting contact information) to the original owners personal or professional web site.
Acoustix Entertainment claims no ownership rights of any image contained in any of the web which are directly linked to outside services, sources or products. Please note, however, that when you
share your web site, you allow your web site guests to share and make photographic prints from the images contained on your web site. This suggests that displaying these images for the sole purpose
of displaying images through another web site as entertainment or informative reasons so as long as not for profit is acceptable. Also, in doing so , you grant to Acoustix Entertainment a
non-exclusive, royalty-free license to use, copy, distribute, and display such media so as long it is not presented for profit.
Your Conduct
The actions described below, will constitute grounds for blocking your access to our service. As condition of your use of this service, you shall not: upload, post, order for print, email or
otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable; upload, post,
order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information,
proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret,
copyright or other proprietary rights of any party; harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation
laws and laws prohibiting the depiction of minors engaged in sexual conduct; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through
this site.
Acoustix Entertainment reserves the right to refuse to fulfill any contractual obligation, or any part of any contractual obligation, if it believes that these Terms of Service have been
violated. In addition, Acoustix Entertainment reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is
necessary to do so to protect the rights or property of Acoustix Entertainment or others.
Trademark and Copyright
Acoustix Entertainment and all graphics, logos and service names used to identify Acoustix Entertainment products and services are trademarks of Acoustix Entertainment. Third party trademarks
used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission
of the owner of that trademark.
You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not
entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
Disclaimer of Warranty and Limitations of Liability
This site and all products and services provided by Acoustix Entertainment are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without
limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Acoustix Entertainment and
its sales agents disclaims any warranties for the security, reliability, timeliness, and performance of this service.
Services are performed and attempted in lieu of outside interference. Acoustix Entertainment is not responsible for any power outages, weather, acts of god, natural disaster, or other unforeseen
events beyond the control of Acoustix Entertainment which would prevent our services from being performed at the time and or date specified in the contract. If such events occur, Acoustix
Entertainment will make every effort to complete as much of the contracted service as possible without endangering the lives or well being of our staff or others. In such cases payment in full is
still the responsibility of the customer.
You understand and agree that the submission of digital information and media to Acoustix Entertainment, and the download of any material through Acoustix Entertainment’s service is done
at your own discretion and risk and that you will be solely responsible for, any loss or damage to said material, any loss or damage to your computer system or loss of data that may result in the
download of any material. You are solely responsible for creating back-ups of your digital information and other media.
Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, Acoustix Entertainment and its sales agents shall not be liable for any direct, indirect,
incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of Acoustix Entertainment’s services or site, even if Acoustix Entertainment has been
advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
