Terms

(Last Updated April 26, 2013)

 

IT IS IMPORTANT THAT YOU READ ALL OF THESE TERMS OF USE CAREFULLY.

 

Acceptance of Terms of Use

These Terms of Use (“Terms”) govern your access and use of the website located at www.publicrecords.org (the “Site”) which is owned and operated by G6 Public Records Association (“Public Records”) and all Public Records services offered to you on, from, through or in association with the Site or Public Record’s business (the “Services”), including, without limitation, music and video services, messaging services (including, without limitation, private messaging and email services), mobile services, features, content, applications, software, data feeds, products, or other services offered by Public Records to you from time to time.  By accessing or using the Site or the Services you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the Site or the Services. IF YOU ARE DISSATISFIED WITH THE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. Public Records may revise these Terms at any time by updating this posting. Use of the Site and the Services after such revisions are posted will signify your agreement to the revised Terms. You should visit this page periodically to review these Terms and any revisions.

 

Age 

By accessing or using the Site or the Services, you represent and warrant that you are 18 years of age or older, or that you are 13 years of age or older and have the authorization of your parent or legal guardian to access and use the Site and the Services. YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES IF YOU ARE UNDER 13 YEARS OF AGE.

 

Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY ACCESSING OR USING THE SITE OR THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. PUBLIC RECORDS MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (I) THAT THE SITE OR THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE, AVAILABLE, SECURE, TIMELY, MEET YOUR REQUIREMENTS, OR PROVIDE SPECIFIC RESULTS; (II) THAT THE SITE OR THE SERVICES WILL BE NON-INFRINGING, OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (V) THAT THE SITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO, FROM, THROUGH OR IN CONNECTION WITH THE SERVICES WILL BE SECURE OR NOT INTERCEPTED.

 

NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PUBLIC RECORDS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “PUBLIC RECORDS RELATED PARTIES”), BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, LOST USE, LOST OPPORTUNITIES, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, OR ANY OTHER ECONOMIC LOSS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF A PUBLIC RECORDS RELATED PARTY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL THE PUBLIC RECORDS RELATED PARTIES’ AGGREGATE AND COLLECTIVE LIABILITY TO YOU OR ANY THIRD PARTY RESPECTING ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE, THE SERVICES OR THESE TERMS, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PUBLIC RECORDS, IF ANY, EVEN IF A PUBLIC RECORDS RELATED PARTY HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL ANY PUBLIC RECORDS RELATED PARTY BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF A PUBLIC RECORDS RELATED PARTY OR YOUR FAILURE TO PROTECT YOUR USERNAME, PASSWORD OR ACCOUNT INFORMATION.

 

THE PUBLIC RECORDS RELATED PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, SERVICE PROVIDER, ADVERTISER OR SPONSOR OF THE SITE OR THE SERVICES (COLLECTIVELY, “THIRD PARTY USERS”). UNDER NO CIRCUMSTANCES SHALL ANY PUBLIC RECORDS RELATED PARTY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE OR SERVICE LINKED TO OR FROM THE SITE OR THE SERVICES.  IF YOU DECIDE TO ACCESS OR USE ANY LINKED SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

YOU HEREBY RELEASE EACH PUBLIC RECORDS RELATED PARTY FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY THIRD PARTY GOODS, SERVICES, SOFTWARE OR CONTENT MADE AVAILABLE THROUGH THE SITE OR THE SERVICES OR LINKED TO THE SITE OR SERVICES.

 

NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Site Content

All content displayed or otherwise accessible through the Site or the Services, including, without limitation, news, editorials, text, charts, graphs, data, photographs, images, graphics, music, videos, sounds, user interfaces, features, applications, computer software and code (collectively, the “Site Content”) are protected under Canadian, U.S. and foreign copyright and other laws, and are owned by Public Records, its licensors or the party accredited as the provider of the Site Content. You shall abide by all copyright notices, information and restrictions on or contained in any of the Site Content accessed through the Site or the Services. You may access the Site Content for your personal use solely as intended through the functionality provided by the Services. You may not copy, reproduce, sell, license, lease, transfer, assign, modify, adapt, translate, arrange, publish, display, host, distribute, reverse engineer, decompile, disassemble, prepare derivative works based on, re-post, or make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in any form or by any means whatsoever, without the prior written consent of Public Records or the provider of the Site Content.

 

Trademarks

Without limitation, PUBLIC RECORDS, G6 PUBLIC RECORDS ASSOCIATION, and PUBLICRECORDS.ORG, are trademarks of Public Records.  Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of Public Records or third parties. While certain trademarks of third parties may be used by Public Records under license, the display of third party trademarks on the Site or the Services should not be taken to imply any relationship or license between Public Records and the owner of said trademark or to imply that Public Records endorses the wares, services or business of the owner of said trademark. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of Public Records or any third party without the written permission of Public Records or the respective owner of any third party trademark.

 

Linked Services

Services operated by third parties (“Third Party Services”) may be made available to you on, through or in connection with the Site or the Services. Third Party Services may include audio and audio-visual hosting and streaming services (including without limitation Soundcloud, Facebook, Twitter, Tumblr, Instagram, YouTube and Vimeo), messaging services, mobile services, features, content, applications, software, data feeds, products, or other services offered to you by third parties from time to time. Third Party Services may be made available to you through website links, embedded applications or content, applications installed on your computing or mobile device, cookies, and other technological mechanisms.  Third Party Services may access your Public Records user account information, profile information, activity information, content and other information related to your use of the Site and the Services, and share your information with third party websites and services, as authorized by you.  Similarly, Third Party Services may disclose to or through the Site or Services user account information, profile information, activity information, content and other information related to your use of the Third Party Services.

 

Public Records does not endorse any Third Party Services and Public Records is not responsible or liable for any losses or damages that occur in your dealing with any Third Party Services. Your use of the Third Party Services is solely at your own risk and in accordance with any agreements that you have with the third party providers of the Third Party Services.  Public Records is not responsible for your use of any Third Party Services.  Public Records does not make any representation or warranty, and disclaims all representations, warranties and conditions, of any kind regarding all Third Party Services, including, without limitation: (i) respecting the legality, accuracy, completeness, reliability, suitability, timeliness of any Third Party Service, or the ability of any Third Party Services to meet your requirements or provide specific results; (ii) respecting the non-infringement, merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through and Third Party Services; (iii) respecting the operation of the Third Party Services or that such services will be uninterrupted or error free, that defects or errors in such services will be corrected or that such services will be free from viruses or other harmful components; or (iv) respecting the collection, use, storage, disclosure or security of any information that you.

 

Advertisements

The Site and the Services may contain advertisements of third party wares or services.  Public Records does not endorse any third party advertisers or any advertised third party material, content, software, goods or services.  Public Records is not responsible or liable for any losses or damages that occur in your dealing with any third party advertisers or advertised third party material, content, software, goods or services.  Public Records does not make any representation or warranty, and disclaims all representations, warranties and conditions, regarding the non-infringement, merchantability or fitness for a particular purpose of any advertised material, content, software, goods or services.  You agree to assume the entire risk in dealing with any third party advertisers or third party material, content, software, goods or services.

 

User Content

The Services may provide features that allow you and other users to post or submit content (“User Content”) to or through the Site, Services and/or Third Party Services, including without limitation, music, videos, messages, commentary, documents, images, software, files or other information or material.  As a condition of accessing and using the Services, you agree not to post or submit User Content that: (a) is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, profane or indecent, including, without limitation, User Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (b) violates or infringes upon the rights of others, including, without limitation, privacy or publicity rights, intellectual property rights (including, without limitation, copyright, patent, trade secret, or trademark rights), or other rights, without first obtaining permission from the rights holder; (c) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of majority in a sexual or violent manner, provides instructional information about illegal activities; (d) solicits passwords, financial information or personal identifying information from users for commercial or unlawful purposes; (e) contains a virus or other harmful component, or provides or creates computer viruses; (f) constitutes junk mail, chain letters, unsolicited mass mailing or spam; or (g) uses the Site or the Services for commercial purposes other than permitted commercial purposes, including, without limitation, posting or submitting User Content that contains advertising or which engages in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.  Permitted commercial purposes are limited to the promotion of independent music or independent artists, or other purposes for which you have obtained the prior written approval of Public Records. The foregoing is a partial list of the kind of User Content that is illegal and/or prohibited on the Site. Public Records reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this section, including without limitation, removing the offending User Content from the Site and the Services and terminating the violator’s access to the Site and the Services.

 

You retain all ownership rights in your User Content.  However, by posting or submitting User Content to or through the Site, the Services and/or the Third Party Services, you automatically grant, and you represent and warrant that you have the right to grant, to Public Records, and its affiliates, successors and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license (“User Content License”) to: (a) use, reproduce, store, display, publicly perform, adapt, translate, modify, make derivative works from, incorporate into other works, distribute, and promote your User Content, in all media now known or hereinafter created, anywhere in the world, and for any purpose related to the Site, the Services or Public Records’ business; and (b) sublicense any of the foregoing to third parties for any purpose related to the Site, the Services or Public Records’ business.   Subject to the following paragraph, you also grant each user of the Site and the Service a non-exclusive license to access your User Content through the Site and the Services. Public Records’ use of any personally identifying information forming part of the User Content that you post or submit to the Site is governed by the terms of Public Records’ Privacy Policy, which you agree shall be deemed to form part of the Terms.

Public Records may provide functionality through the Site, the Services and/or the Third Party Services from time to time that enables particular User Content (e.g. music, videos and/or pictures) to be made available to other users of the Site and the Services under the terms of one or more public licenses.  By electing to license particular User Content under the terms of a particular public license as provided through such functionality, you grant Public Records and each user of the Site and the Services the right to use such User Content under the terms of such public license.

 

 

You waive, and you represent and warrant that you have obtained the waiver of, any and all moral rights in User Content that you submit or post to or through the Site, the Services and/or the Third Party Services, including without limitation, rights of attribution, rights of integrity, and any similar rights in any jurisdiction in the world.  You represent and warrant that our exercise of any of the rights granted by you under the User Content License will not violate or infringe upon the rights of others, including without limitation, privacy or publicity rights, intellectual property rights, or other rights.

 

You are solely responsible for User Content that you post or submit to or through the Site or Services.  Public Records does not monitor or approve User Content that is posted or submitted to or through the Site or the Services. Public Records may, in its sole and unfettered discretion, edit, remove or delete any User Content that you post or submit to or through the Site or the Services.  Public Records is not responsible for, and does not endorse, any User Content made available on or through the Site or the Services.  Under no circumstances shall any Public Records Related Party be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with any User Content posted by a third party on or through the Site or Services.  If you become aware of misuse of the Sites by any person, please contact Public Records at info@publicrecords.org.  If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

 

General Use of the Site and the Services

In your use of the Site and the Services, you agree to act responsibly in a manner demonstrating the exercise of good judgment. You agree not to: (a) use any content or information available through the Site or the Services for any unauthorized purpose; (b) interfere with or damage the Site or the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site or the Services; (c) collect or store any information about any other user other than in the course of the permitted use of the Site or the Services; (d) impersonate any person or entity; (e) remove any copyright, trademark or other proprietary right notices contained in the Site or the Services; (f) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or the Services; or (g) assist any third party in doing any of the foregoing.

 

Interactions with Other Users

You are solely responsible for your interactions with other users of the Site and the Services, including the User Content you post on or through the Site or the Services and in your messages to other users of the Site or the Services. Public Records will not be responsible for any damage or harm resulting from your interactions with other users of the Site or the Services.

 

You understand that Public Records does not in any way screen users, nor does Public Records inquire into the backgrounds of our users or attempt to verify their statements.  Public Records reserves the right, but has no obligation, to monitor all interactions between you and other users of the Site and the Services and to take any action in good faith to restrict access to or the availability of any User Content that Public Records or another user of the Site and the Services may consider to be illegal or prohibited.

 

You should not provide your financial information (for example, your credit card or bank account information) to other users of the Site and the Services.

 

Registration

To use certain features of the Site or the Services, you may be asked to register a user account. You represent that (i) all information that you provide as part of the registration process is true, accurate, current and complete; (ii) you will maintain and promptly update the information you provide to keep it true, accurate, current and complete; and (iii) if you are registering a user account on behalf of a group, organization or entity, other than yourself, you have all required consents and authorizations from such group, organization or entity, to register the user account and provide all registration information. If Public Records has reasonable grounds to suspect that registration information is untrue, inaccurate, not current, incomplete, or that you are not authorized to register the user account, Public Records has the right to suspend or terminate your access to and use of the Site and the Services (or any portion thereof). Public Records’ use of any personally identifying information you provide as part of the registration process is governed by the terms of Public Records’ Privacy Policy.

 

You may be required to select a username and password when completing the registration process.  This user name and password may be required to access certain features of the Site and the Services. You are solely and fully responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your username and password. You agree to notify Public Records immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Public Records cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

Discontinuance of Service

Public Records reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of the Site or the Services without prior notice. You agree that Public Records will not be liable to you or to any third party for any modification or discontinuance of the Site or the Services.

 

Termination

Public Records may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Site and the Services (or any portion thereof), or receive any service related thereto. Public Records may also terminate your right to access and use the Site and the Services (or any portion thereof) if you breach any of these Terms.  You agree that any termination of your access to the Site and the Services may be effected without prior notice, and acknowledge and agree that Public Records may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or the Site or the Services. Further, you agree that Public Records will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Site or the Services.

 

Take-Down Requests

It is the policy of Public Records to respond to claims of intellectual property infringement. Public Records will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed intellectual property infringement should be sent to info@publicrecords.org.

 

The notification of infringement must be a written communication that includes the following:

  • 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 intellectual property claimed to have been infringed;
  • 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 Public Records to locate the material;
  • Information reasonably sufficient to facilitate contact of 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 intellectual property 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.

 

Indemnity

You agree to indemnify, defend and hold harmless the Public Records Related Parties from and against any and all loss, liability (including settlements and judgments) or expense (including reasonable attorneys’ fees and expenses and court costs) arising out of: (a) any third party claim against any Public Records Related Party alleging that User Content posted or submitted to or through the Site or the Services by you infringes the third party’s intellectual property rights, privacy rights, publicity rights or other rights; (b) any breach by you of any provision of these Terms and/or any representation or warranty set out herein; and (c) any cost or expense incurred by us in the enforcement of this Section.  Public Records will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Public Records Related Party that you are bound to defend pursuant to the foregoing.

 

Governing Law and Jurisdiction

The Site and the Services are controlled by Public Records from its offices within the Province of British Columbia, Canada. By accessing or using the Site or the Services, you agree that all matters relating to your access to, or use of, the Site and the Services shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. Subject to the Dispute Resolution provision below, you agree and hereby submit to the non-exclusive jurisdiction of the Courts located in Vancouver, British Columbia, Canada with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Dispute Resolution

 

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms, your access and use of the Site and the Services, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim“), will be referred to at the request of either party and finally settled (to the exclusion of the Courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia, Canada in accordance with the International Institute for Conflict Prevention and Resolution Fast Track IT Rules (the “Rules”) then in effect (except to the extent inconsistent with and therefore superseded by this section). There shall be one arbitrator agreed to by the parties or, if the parties are unable to agree within thirty days after a request for arbitration is made, selected in accordance with the Rules.  Each party shall pay its own attorneys’ fees and one-half of the costs of the arbitration. The arbitrator shall issue a written award, stating reasons therefore (including both findings of fact and conclusions of law), and may award any remedy available at law (subject to the limitations of these Terms); but shall have no power to amend, supplement or reinstate these Terms; to award remedies other as permitted by these Terms or to fail to follow applicable law.  The award will be final, binding on the parties, and may be confirmed by the judgment of a court of competent jurisdiction.  Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, Public Records reserves the right to pursue the protection of the Site, the Services, and its intellectual property rights, through injunctive or other equitable relief through the Courts.

 

General

Any consent by Public Records to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer these Terms or any right or obligation hereunder. If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any applicable agreements with Public Records or policies of Public Records that expressly reference these Terms, these Terms form the entire agreement between you and Public Records relating to the matters contained herein.

Here are some things you need to know:

  • BC AND AB APPLICANTS ONLY
  • YOU MUST CREATE A PROFILE (Both halves of your filmmaker / artist team must have Public Records profiles.)
  • YOUR PRIMARY APPLICANT MUST BE FROM AN "ELIGIBLE CITY"
  • COMPLETED VIDEOS DUE MAY 2ND
  • BROADCAST RIGHTS (TELUS OptikTM TV On Demand has the first right of refusal to show your video before any other broadcaster.)

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