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Terms of Use

Subtext, LLC

Thank you for visiting our web site. These Terms of Use set forth the terms and conditions of your use of the web site, the products and services offered on the web site, and the Subtext, LLC text messaging services (the "Messaging Services") offered in connection with the SubtextTM television show (the "Show") and in connection with other services we offer.

Sites Covered

These Terms of Use apply to this web site (the "Site") that may be accessed at www.subtext.com. We request that you carefully read these Terms of Use and our Privacy Policy before using the Site. By visiting, viewing or using this Site in any manner you are agreeing to all of the terms and conditions set forth in these Terms of Use and our Privacy Policy. The services on this Site are available to users age 18 and over. If you are not at least 18 years old, please do not attempt to use the services on our Site.

Use of Site and Services

Subtext, LLC reserves the right, at its sole discretion, to refuse access to this Site or to the Messaging Services, terminate accounts or cancel any orders made through this Site or in connection with the Show in the event that it is believed that any visitor is acting in violation of any applicable law or these Terms of Use.

Links to Other Web Sites and Advertising

This Site and the Show may contain advertising and links to other web sites in order to provide information that may be of interest to our users. Such links are provided as a convenience only, and Subtext, LLC assumes no responsibility for the operation or content of such advertising or sites. We recommend that you carefully read and follow the terms of use relating to each site that you visit.

Copyrights

All software and other content included on this Site and on the Show, including all text, graphics, videos, sound clips, photographs and/or digital images or communications and images are owned by Linear Media, Inc. and are protected under United States and international copyright laws. You may view and use the content of this Site in connection with your personal use only. Any other use, including the reproduction, copying, distribution, transmission, display or creation of works based on the content of this Site is strictly prohibited.

Trademarks

LINEAR MEDIA, INC.^TM and SUBTEXT^TM are trademarks of Linear Media, Inc. and may not be used without the express written permission of Linear Media, Inc.

User Submissions

Subtext, LLC may, in its sole discretion, permit the submission of videos, sound clips, photographs and/or digital images or communications to this Site ("User Submissions") and the hosting and/or publishing of such User Submissions on this Site. By making a User Submission you agree that Subtext, LLC does not guarantee any confidentiality in or to the User Submission.

You will be solely responsible for any resulting consequences of posting or publishing your User Submission. By providing a User Submission to this Site you are warranting and affirming that (1) you own the necessary license, right, consent and/or permission to use the User Submission and all content therein in accordance with all patent, trademark, copyright, trade secret or other proprietary rights in the User Submission; and (2) you have the written consent, release or authorization of every indentifiable person in the User Submission to use the name and/or likeness of each and every such person.

By making a User Submission, you hereby grant Linear Media, Inc. and Subtext, LLC a worldwide, non-exclusive, royalty-free, transferable license to use, copy, distribute, display, perform and create derivative works of such User Submission.

You further agree that you will not (1) submit material that is copyrighted, protected by trademark, protected by trade secret law or subject to other third party proprietary rights; or (2) submit material that constitutes falsehoods or misrepresentations or contains defamatory, libelous, obscene or threatening content, or content that may be considered or give rise to a criminal offense. Violation of these Terms in any respect may result in removal of the offending User Submission and denial of your further access to this Site. Subtext, LLC assumes no responsibility to monitor or otherwise moderate the content of User Submissions. Subtext, LLC does not endorse any User Submissions or any opinions or viewpoints expressed therein and expressly disclaims any and all liability in connection with User Submissions.

By making a User Submission, you waive the right to make any claim against Linear Media, Inc. and/or Subtext, LLC or any of their respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the User Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or posted by you on this Site.

We respect the rights of copyright owners. It is therefore Subtext, LLC's policy that access to this Site will be terminated under appropriate circumstances for users who infringe the copyrights of others. If you believe that any content on this Site, including without limitation any User Submission, infringes your copyright, you may submit notification to our Copyright Agent (as listed below) by providing the following information in writing as required by the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Subtext, LLC's designated Copyright Agent to received notifications of claimed infringement is:

Products and Services

When you buy a product or service from us, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.

Subtext Messaging Services

As a part of the services offered under this Site, we will provide users age 18 and older the opportunity to send text messages as a part of the interactive features of the Subtext television show and in connection with other services we offer including this Site. Users will have the opportunity to send text messages to the show as well as private text messages to show participants and others. Users will be charged $0.99 per message and will be billed by their cellular phone service provider.

In order to help us maintain the highest level of quality of products and services for our users and to aid in the development of new products and services, we will maintain a registry of the users who participate in text messaging. The registry will consist of the user's mobile telephone number only. The mobile phone numbers will be aggregated and used for internal purposes only.

We reserve the right to monitor all messages sent for use in the show. We reserve the right to choose, at our sole discretion, which messages shall be included in the show. Use of this feature does not guarantee that a user's message will be included as part of a show. Further, by using this feature, users agree that all such messages or other content provided by the user become the exclusive property of Linear Media, Inc. and Subtext, LLC and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as Linear Media, Inc. and Subtext, LLC in their sole discretion see fit.

Personal text messages sent by users directly to individual show participants and others in connection with our services will not be moderated. We assume no responsibility for actively monitoring these personal text messages for inappropriate content. Subtext, LLC may, in its sole discretion, choose to monitor these personal text messages at any time. In the event of any such monitoring, Subtext, LLC assumes no responsibility for their content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content.

Refund Policy

A refund will be issued if there is a technical issue that results in an inability of the user to receive their content. Such issues may include corrupt files, system errors, or other unforeseen difficulties that may arise. If you choose a phone or carrier we do not support, if you do not have text messaging and/or the Internet enabled on your phone, or if you are not satisfied with the actual product that has been correctly delivered then WE WILL NOT REFUND YOUR MONEY.

DISCLAIMERS

THIS SITE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. VISITORS TO THIS SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, LINEAR MEDIA, INC AND SUBTEXT, LLC, THEIR PARENTS AND SUBSIDIARIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTY THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION.

IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, OR INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE USE OF THIS SITE, SERVICES PROIVDED HEREUNDER, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

Subtext, LLC reserves the right, at its sole discretion, to modify these Terms of Use at any time. Any changes to these Terms of Use will be posted at this same location. By continuing to visit and use this Site and/or the Messaging Services following the posting of any such changes, you expressly agree to be bound by those changes.

Contact Information

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SUBTEXT EVENTS

Subtext is throwing great parties all over Austin. At each of our events we feature games, contests and awesome prize giveaways! We bring you the hottest live entertainment and your chance to meet local Austin singles. You can also create your TVVIDEO and TVPICTURE at any of our parties to add to your online profile and be aired on TV.