THE PRS BUREAU – LEGAL
Information Collection and Use
The PRS Bureau / CBC INC. (“Company” or “we”) collects information from our users (“you” or the “user”) at several different points on our websites and we are the owner in whole or in part of this information. Unless we specifically disclose to you otherwise at the time information is requested, we will not sell, share, or rent any such information which we control in ways different from what is disclosed in this statement.
In order to use certain sections of our websites, you may first be asked to complete the registration form which requires you to give your contact information (such as name and email address). We may use this information to contact you, as a member of our community, about technical or security matters, to provide legal notices or to provide information about our websites or about goods or services which we believe you may be interested in. When visiting our sites, you may also be asked personal information (such as gender, income level, social security number etc.), so we can identify you and provide you with a more personalized experience. And you will also have the opportunity, from time to time, when visiting our site, to share your insights and provide user generated content. We may use these insights and content to enhance the experience of our sites and we may publish them on our sites or elsewhere. There may be opportunities afforded to users of our sites to post their name, email,home address and even a picture and other information about themselves and their lives and experiences, all of which may be viewed by all visitors to our site. Please be advised that we have limited contol over who visits our sites. Therefore the user assumes whatever risks may be involved and we have no liability or responsibility in connection with these postings or their use by third parties.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. For instance, by setting a cookie on our sites, the user would not have to log in a password more than once, thereby saving time while on our sites. If a user rejects the cookie, the use of our sites may become limited or impossible. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.
We use IP addresses to analyze trends, administer the site, track user’s movement, gather demographic information for aggregate use and for the other permitted uses described in this statement.
We may share certain aggregated demographic information gathered about our users on our sites with our business partners and advertisers and with others. However, when we do so, this information will not be linked to any personal information which you have shared with us except as specifically described in this statement.
We may partner with other parties to provide specific goods and services which we feel will be of interest to the community. If you purchase or express interest in any of these goods or services, we will may share your name or other information with our partners. Please understand that we have no control over the collection or use of information by our partners at the partner’s sites.
Participation in Communities
If you chose to participate in any of our community activities, such as chat rooms, bulletin boards and other parts of our site where your insights or other content are invited, we will have the right to use and publish your contribution in our site, and on other web sites with which we are involved and in any other media, such as books or magazine articles. However, as mentioned above, you may be confident that if and when we do so, we will not reveal your identity without your permission. .
Our web sites contain links to other sites, some of which may display our name or logo. Please be aware that we are not responsible for the privacy practices or policies of such other sites. We encourage all members of our community to be aware of this fact when they leave our sites and to read the privacy statements of each and every web site they visit that collects personal information. What you are reading now is the privacy statement of PRS Bureau and it applies only to information collected by us at our web sites.
Surveys & Contests
From time-to-time our sites may request information from our visitors via surveys or contests. Participation in these surveys or contests is completely voluntary and you will always have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic or other information (such as zip code or age). Contact information will be used to notify the winners and award prizes. Survey information will typically be used for purposes of monitoring or improving the use and satisfaction of this site and may also be used for the other permitted purposes we discussed above in the section on Sharing.
We take reasonable precautions to protect the information which you share with us. When our forms ask users to enter sensitive information (such as credit card number and/or social security number), we will typically create a secure page, that is a page where the information provided by you is encrypted. You should be aware that unless a page is designated as “secure”, it is possible the information contributed by you while visiting that page may be viewed by others.
Supplementation of Information
In order for us to properly fulfill our obligations to our community, it may be necessary for us to supplement the information we receive on our site with information from 3rd party sources.
We may send new members a welcoming email to verify password and username and to welcome them to our community. Established members will occasionally also receive promotional information from us on products, services, special deals, as well as our newsletter. Out of respect for the privacy of our users we present our users with the option of not receiving these types of communications. Please see our choice/opt-out section below.
Site and Service Updates
From time to time, we may send to our users announcements regarding our site and goods and services available through our site. We may also communicate with the user via email or phone in order to provide requested goods and services and with regard to issues relating to a user’s account.
Users who no longer wish to receive newsletters or promotional materials from us may opt-out of receiving these communications using the procedure provided on our site. However, we may still continue to use your information to contact you regarding legal, security or technical matters, your subscription or information about our sites and any contributions that you may have made to our sites.
Notification of Changes
PRS Terms and Conditions of Site Use
PRS may periodically revise the terms of these Terms and Conditions by updating this page. You agree to be bound by subsequent revisions. Accordingly, you should periodically visit this page to review the current Terms and Conditions.
PRS reserves all right, title, and interest not expressly granted under these Terms. All content, which includes, without limitation, photographs, videos, articles, films, media files, reviews, software, and source code (collectively “Content”), on the Sites is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of PRS or its Content providers. The names or services on the Sites, including with limitation, The PRS Bureau are trademarks or registered trademarks of PRS. Other names or services on the Sites may be the trademarks of the respective owners. You agree not to use any PRS trademarks or any confusingly similar marks for any purpose without the express prior written consent of PRS.. Violations of this provision may result in severe civil and criminal penalties.
Use of the Sites
The Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Sites are copyrighted as a collective work under the United States copyright laws. PRS is the owner of the copyright in the entire Sites. PRS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Sites without the express permission of PRS and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Sites, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You hereby grant to PRS and its affiliates, licensees, successors and assignees worldwide, royalty-free, perpetual, irrevocable, non-exclusive sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to PRS (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the rights of PRS are irrevocable, and you hereby waive any right to seek or obtain rescission or termination of any of PRS’s rights or any form of equitable or injunctive relief.
If you become a subscriber or otherwise register as a user of the Sites or participate in any activity on the Sites that requires you to provide information about yourself, you shall provide PRS with accurate, complete and updated information.
You agree not to take any action to interfere with the function or accessibility of the Sites or to take any action to restrict the access of others thereto.
The foregoing provisions of this Section are for the benefit of PRS, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
PRS has carefully designed the Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Sites in any way that interferes with that purpose. In particular, PRS prohibits any party from displaying the content on the Sites in any format where third party advertising or other materials that PRS did not authorize in writing is viewed or viewable together with the proprietary content from the Sites.
You agree to indemnify and hold harmless PRS and its parent, subsidiaries, affiliated companies, subdistributors and licensees, and each of their respective officers, directors, shareholders, affiliates, employees, attorneys, representatives, agents, licensees, successors and assigns, from and against any and all claims, costs, demands, expenses, losses, liabilities, damages, penalties, causes of actions and judgments including, without limitation, reasonable attorneys’ fees and costs, whether or not litigation is commenced (collectively, “Claims”) arising out of or in connection with (a) a breach or alleged breach of these Terms and Conditions by you and (b) any use of any material provided by you to PRS.
ALL SUBSCRIPTIONS MUST BE PAID IN ADVANCE AND ARE NON-REFUNDABLE. The cost of a subscription shall be as established by PRS from time to time. If you sign up for a recurring subscription, you authorise PRS (or PayPal, acting on PRS’s behalf) to charge the fixed upfront payment for a fixed duration or the monthly recurring subscription fee (depending on your selection) to your credit or debit card. . Prices are liable to change at any time at PRS’s discretion, provided that PRS will inform you of any price change and afford you the opportunity to cancel your subscription. PRS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, your access to the Sites or the subscription services generally (or any part thereof) with or without notice. Where PRS cancels the subscription services due to no fault of yours, the services do not resume and are not replaced with alternative services, PRS will provide a refund of any subscription fees which relate to any period of time after the cancellation. Due to the immediate and intangible nature of the subscription services, once you have paid anupfront payment for a specifiedduration, you will be unable to cancel the subscription or receive a refund for the period covered by your payment. Your subscription will expire on the date of expiry of your current subscription period. If you choose to cancel your subscription before the end of the period for which you paid a subscription fee, you will not receive a refund for the remaining period. If substantially all Users are unable to access the Sites on account of temporary outages or material impairments of services that are of greater than 24 hours consecutive duration and that are due to the act or omission of PRS, PRS will extend subscriptions upon request for a period of time equal to the outage, but will otherwise have no obligation to you on account of any outage or impairment of service.
Use of Content
PRS authorizes you to access and use the Content solely for your personal, non-commercial use. You may not sell or modify the Content, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. As an express condition of your use of the Sites, you warrant to PRS that you will not use the Sites for any unlawful purpose or purpose prohibited by these Terms. If you violate any part of these Terms, your permission to use the Content automatically terminates and you must immediately destroy and copies you have made of and of the Content. PRS makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Sites
No portion of these Sites is targeted to children, and any minor is required to obtain the consent of his or her parent or legal guardian before using the Sites.
Rules of Conduct for User Interaction and User Generated Content
You are solely responsible for any and all Content posted by you on the Sites. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any Content posted on the Sites by other Users. PRS does not endorse, edit, verify, vouch for, or control any Content posted on the Sites by Users, and does not guarantee the accuracy or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to the Sites, and may be held legally accountable if the Content they post includes material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. PRS reserves the right to monitor any of its User interactions or User generated Content at any time to ensure that these rules are being observed.
By using the Sites, and in particular by using portions of the Sites which include User generated Content, you may be exposed to Content which is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates this Agreement, PRS encourages you to contact PRS. PRS reserves the right to modify or remove anything submitted, posted, or uploaded to PRS, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and PRS reserves the right to terminate or restrict access to the Sites of the responsible User(s). However, under no circumstances will PRS be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney’s fees) arising from or in connection with your use of any Content posted by any Users. For any Content that you post or upload to the Sites, you represent and warrant that (i) you are the owner of all rights in such Content or have obtained the written permission of the owner to upload the Content and to grant all rights provided for in this agreement, (ii) you have obtained all necessary permissions with respect to all persons, places and things that appear in the Content to grant all rights provided for in this agreement, (iii) no part of the Content is subject ot any claim, lien or encumbrance, and (iv) no use of the Content or any part thereof as contemplated herein will violate or infringe any right of any third party. You agree not to collect or store personal data about other users or members, or to submit any posting, e-mail, statement and/or other Content that contains or provides links to:
1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
2. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
3. Any false “header” (the legend attached to e-mail messages to show the message’s point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through PRS. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses;
4. Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
5. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes, without limitation, “warez” (copyrighted software that is distributed illegally), “MP3″ files of copyrighted music, copyrighted photographs, text, video, or artwork;
6. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using an PRS address or containing any references to PRS (“spam”), “junk mail,” “chain letters,” “pyramid schemes,” or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
7. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
8. Any material that constitutes “stalking” or any other form of harassment of any member or User of PRS or any other person;
9. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous, obscene or otherwise sexually explicit nature or intent, or that violates local, state, national, and/or international laws;
10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (Including, but not limited to, “hacking,” “cracking,” or “phreaking”);
11. Any raffle, contest, or sweepstakes or any game involving wagering or otherwise requiring payment of a fee or other consideration by participants;
12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
13. Any Content that advertises or promotes any product. service or cause;
14. Any Content that solicits funds, advertisers or sponsors;
15. Any Content that disrupts the normal functioning of the Sites or any part of the Sites ; or
16. Any Content or activity that PRS, in its sole discretion, deems inappropriate.
PRS is pleased to hear from its loyal fans and welcomes your comments regarding the Sites. However, PRS does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by PRS Entertainment’s professional staff seem to others to be similar to their own creative work. Accordingly, PRS requests that your comments relate to those services and products offered by PRS, and that you not submit any creative ideas, suggestions, or materials.
If, at the request of PRS, you send certain specific submissions (e.g., postings to chat, boards, or sweepstakes) or, without the request of PRS, you send PRS creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of PRS. None of the Submissions shall be subject to any obligation of confidence on the part of PRS and PRS shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, PRS shall exclusively own, and by sending your Submissions, you hereby exclusively grant to PRS, all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, for use by all means, manners, methods and media, now known or hereafter devised, and PRS and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Use at Your Own Risk
The Sites may contain inaccuracies or typographical errors. PRS makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Sites or Content. Your use of the Sites, including, without limitation, the services and information, contained therein, is on an “as is” basis and is at your own risk. PRS may make changes in the Content at any time for any reason.
If you are dissatisfied with any of the materials or services contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. PRS’s rights shall survive any such cessation of use.
PRS AND PRS’S EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, HEIRS, SUCCESSORS, LICENSEES AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE SITES AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. THE MAXIMUM LIABILITY OF PRS TO YOU FOR ANY CLAIM UNDER ANY LEGAL THEORY RELATED IN ANY WAY TO THIS AGREEMENT OR THE SITES WILL BE THE PRICE OF A ONE YEAR SUBSCRIPTION TO THE SITES.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PRS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
You assume all risks that the Sites, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error free. Any applications uploaded or downloaded or otherwise obtained through the Sites are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in viewing content you may be expose to rude, crude, indecent, or other offensive language or references. You agree that PRS shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Sites.
Links and Advertisers
The Sites contains links to third party sites that are not under the control of PRS and PRS is not responsible for any content on any linked site. If you access a third party site from the Sites, then you do so at your own risk. PRS provides links only as a convenience and the inclusion of the link does not imply that PRS endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that PRS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. You should direct any concerns to such external site’s administrator or webmaster.
Use of “You” or “Your”
The words “You” or “Your” shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.
Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of PRS
If you believe that your work has been copied and is accessible on the Sites in such a manner as to constitute copyright infringement, you may notify PRS by providing PRS Entertainment’s copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
PRS Entertainment’s agent for notice of claims of copyright infringement on PRS Entertainment’s Network may be reached as follows
By email at firstname.lastname@example.org
Other Legal Complaints
If you believe that any Content on the Sites violates any of your legal rights other than copyright, you may notify PRS by providing PRS with the following information:
An electronic or physical signature of the person authorized to act on behalf of the individual whose rights may have been violated.
A description of the material that you believe violates your legal rights and the way in which you believe that your legal rights are violated.
Your address, telephone number and email address
A statement by you under penalty of perjury that the above information in your notice is accurate and that you are the person whose rights may have been violated or you are authorized to act on behalf of such person
Your notice may be sent to the email address for copyright complaints provided above.
A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
May 1, 2013