THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE CORRECT BOX DURING MEMBER REGISTRATION AND BY CONTINUED USE OF THIS WEBSITE, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT (THIS “AGREEMENT”). WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This Agreement governs your use of the Prova ("Company") website and all associated subdomains (“Prova Websites”), including, without limitation, the uploading and downloading of photographs, illustrations, audio files, video files, flash files, .pdf files, images or any other goods, services, or material (“Works”) onto or from the Prova Websites, access to web logs and forums, and any and all services offered by Prova on or through the Prova Websites (the Prova Websites, together with all of the foregoing uses and services, to be hereinafter referred to as the “Website”).
1. Description of the Website and Membership
The Website provides, among other things, an online marketplace for uploading and downloading Works. Furthermore, the Website is divided generally into two sections: a public section and a private section. The public section offers to all visitors, among other things, general information about the Website, the ability to view Works on the Website, a search engine to search for Works on the Website, and a process by which visitors can register to become Members, as further described below. The private section is only accessible by Members. The private section offers to Members (in addition to all services available in the public section) the ability to upload and download Works onto and from the Website in accordance with an applicable Content Upload Agreement or Content Download Agreement, the ability to view and post comments on the official Prova forum, the ability to send and receive private messages to visitors who have registered as members of the Website (“Members”), and the ability to access their accounts on the Website (“Membership Accounts”).
When a visitor to the Website registers to become a Member, he or she will select an available user name (“Membership Name”) and a corresponding user password (“Membership Password”) to create a unique, personal Membership Account. Once a Member Name is entered during registration, such information cannot be revised later. The Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
A Member shall upload a Work through his or her Membership Account, and such Work shall be subject to an applicable Content Upload Agreement based on criteria specified by the Member as to exclusivity, permitted uses of the Work and the like. The Member shall also enter keywords and a description of the Work so that the Work can be categorized and be searched by the Website’s search engine. Applicable royalty rates for non-exclusive sublicenses granted to Members who download the Work shall be in accordance with the Website's [standard pricing and payment policies]. Royalty rates for exclusive sublicenses granted to Members who download the Work shall be specified by the Member. Prova may also, in its sole discretion, place certain types of limits on the uploading of Works.
A Member shall download a Work through his or her Membership Account, and such Work shall be subject to an applicable Content Download Agreement based on criteria specified by such Member, and also on criteria specified by the Member who uploaded the Work. A Member shall be able to download a Work for a particular use(s) only if he or she pays on the Website, and only if he or she agrees to the applicable Content Download Agreement for such Work and such use(s).
2. General Acknowledgements and Agreements
Your use of the Website constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.
Prova shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website.
If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Prova, do not use the Website.
Services on the Website are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website. Your Membership Account on the Website may not be sold or otherwise transferred to another person or entity. If your use of the Website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
3. Use of Works
You may only upload or download Works to or from the Website in accordance with the terms and conditions of this Agreement and of an applicable Content Upload Agreement or Content Download Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website unless you enter into a Content Download Agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable Content Download Agreement.
You acknowledge and agree that no ownership of any Works can be transferred, and that no sale of any Works can be effectuated, on or through the Website. Only the rights expressly sublicensed in an applicable Content Download Agreement are granted on or through the Website. You acknowledge and agree that the original creator of each Work retains all ownership rights in and to the Works, and that such Works are covered and protected by copyright, trademark and other intellectual property rights of Prova or its licensors.
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. Prova does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Prova will remove all Works if properly notified that such Work infringes on another's intellectual property rights. Prova reserves the right to remove Works without prior notice. Prova will terminate a user's access to its Website if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a user submission removed from the Website more than once.
You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by Prova on or through the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Work or other material or content that you upload or any identifying information for your Membership Account.
Prova reserves the right to decide whether any Work is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Prova may remove any such Work and/or terminate a user's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
5. Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any user Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted 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;
(iii) 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 Prova to locate the material;
(iv) Information reasonably sufficient to permit Prova to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact Prova through the online contact form, located at http://prova.fm and accessible through this link. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.
6. Management and Operation of the Website
You acknowledge and agree that Prova has no obligation to review any Works or other material or content uploaded or posted onto the Website, and shall have no responsibility for any such Works or other material or content. Prova shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Works or other material or content uploaded or posted onto the Website. If you upload or post any Works or other material or content onto the Website, or any Works or other material or content is uploaded or posted onto the Website using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Works or other material or content.
You acknowledge and agree that Prova shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log, comments to any web log, or any forum on the Website. You acknowledge and agree that Prova shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Website.
Prova reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that Prova has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Prova). Prova reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.
7. Credits and Payments
Some transactions on the Website, including downloads of Works and the remuneration to an uploading Member in the event his or her Work is downloaded, shall be conducted using Website credits (“Credits”) and subject to any amounts that may be owed to Prova with respect to such transactions. In the event you are downloading a Work, payment is made by using credit or charge cards, or any credits currently in your Membership Account. In the event a Member downloads a Work that you have uploaded, the appropriate number of Credits will be deposited into your Membership Account after Prova has received from the downloading Member non-opposable proof of payment.
If payment for downloadable Works is made by using credit or charge cards, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Prova to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. All purchases are non-refundable. Only credits earned by selling photos and affiliation may be redeemed. Prova, in its sole discretion, may grant you Promotional Coupon Credits from time to time. Notwithstanding anything to the contrary contained in this Agreement, you may never redeem Promotional Coupon Credits for cash, and can only use Promotional Coupon Credits for transactions on the Website.
8. Membership Account
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Prova to you, and the Membership Password selected by you and approved by Prova for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Prova may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.
9. Representations and Warranties
In addition to the representations and warranties you have made above, each of Prova and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.
You agree to indemnify, defend and hold harmless Prova and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. Prova shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Prova in the defense of any such claim, action or matter.
11. Limitations and Disclaimer
You agree that neither Prova nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PROVA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVA.FM WEBSITES AND SUBDOMAINS OR THE SERVICES ON THE PROVA.FM WEBSITESS AND SUBDOMAINS, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE PROVA.FM WEBSITE AND SUBDOMAINS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
Prova shall have no responsibility for any Works or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.
12. Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. Prova at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Prova. In the event termination is by Prova, Prova shall notify you of such termination. Prova reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.
13. Effect of Termination
Upon any termination of this Agreement:
(a) your Membership Account shall be cancelled and closed and your Membership Name and Membership Password shall be deactivated;
(b) all Works uploaded by you shall be removed from the Website; provided, however, that Prova may continue to use the Work for internal archival and reference purposes;
(c) any and all Membership Credits shall be redeemable by you for cash, minus any transactional expense and
(d) you shall forfeit all right, title and interest in and to any and all Promotional Coupon Credits.
Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as a Content Upload Agreement or Content Download Agreement. The provisions of Sections 8, 10, 11, 13 and 15 shall survive the termination of this Agreement.
Prova reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, Prova suspends your Membership Account, you shall have no ability to upload any Works on the Website, but you may continue to access your Membership Account using your Membership Name and Membership Password and download Works and view and comment on the Prova Blog and the Member Blogs of other Members, and post material or other content on your personal Member Blog. For clarification purposes, Prova shall not remove any Works you have uploaded prior to suspension of your Membership Account and such Works shall continue to be available for download.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of California, and you and Prova each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between Prova and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.
No waiver on the part of Prova to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Prova to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Prova shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
This Agreement shall be inure to the benefit of, and be binding upon, Prova and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Prova and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement
Design Transfer Agreement
This Agreement relates to the transfer or licence of Intellectual Property Rights which are created by a Designer for a Customer of Prova. This Agreement will apply to you in your capacity as either a Customer or Designer in respect of the sale and transfer of a Design. When a Customer selects a winning Design for their Design Contest, the Customer and the Designer will be deemed to enter into a legally binding agreement for the provision of that Design from the Designer to the Customer. Unless the Customer and the Designer otherwise separately agree in writing, that legally binding agreement will be on the terms of this Agreement. By entering into a Design Contest (either in your capacity as a Customer or a Designer), you agree that you will be bound by the terms of this Agreement as set out below.
1. Provision of the design
The Designer hereby agrees to provide and deliver the Transferred Design to the Customer in accordance with the Designer's obligations set out in the Services Agreement.
2. Assignment of the intellectual property rights
This clause will apply if a Customer has purchased the Transferred Design pursuant to a Design Contest.
If this clause applies, then upon receipt of payment for the Design, the Designer hereby assigns to the Customer all Intellectual Property Rights which the Designer has or may in the future have in the Design, including a non-exclusive, royalty free, worldwide, irrevocable, perpetual licence to:
- use, reproduce and distribute the Transferred Design; and
- sell, assign and/or transfer the Transferred Design to any person.
3. Incorporation of intellectual property rights owned by a third party
- The Designer warrants that prior to supplying the Design to the Customer, the Designer has disclosed to the Customer any Intellectual Property Rights in the Design which may be held by a third party.
- If the Design incorporates the Intellectual Property Rights of a third party, then:
- the Designer warrants that it has obtained a licence from the relevant third party to incorporate the Intellectual Property Rights of that third party in the Design ("Third Party Licence");
- if the Third Party Licence is capable of assignment to the Customer, then the Designer hereby assigns and transfers to the Customer, and the Customer hereby agrees to take an assignment and transfer of, the Third Party Licence and all of the rights and obligations of the Designer under the Third Party Licence;
- if the Third Party Licence is not capable of assignment to the Customer, then:
- the Designer must disclose this fact to the Customer prior to providing the Customer with the Design and prior to the conclusion of the relevant Design Contest (if any);
- the Designer warrants that the Customer may obtain a Third Party Licence in its own name; and
- prior to the conclusion of the Design Contest (if any) or the supply of the Design to the Customer, the Designer must provide the Customer with details of where to obtain the Third Party Licence in its own name and the cost of doing so.
- the Designer warrants that unless expressly stated to the contrary by the Designer prior to providing the Customer with the Design and prior to the conclusion of the Design Contest (if any), the Third Party Licence provides the Customer with a worldwide, royalty free, perpetual right to display, distribute and reproduce (in any form) the Intellectual Property Rights of the third party contained in the Design.
- The Designer hereby indemnifies and keeps indemnified the Customer, Prova and Prova's third party providers ("Indemnified Parties") against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which the Indemnified Parties may suffer or incur as a result of a breach by the Designer of any of the provisions of clauses 2 and 3.
4. Liability of Prova and its third party providers
- You acknowledge and agree:
- Prova and its third party providers are not parties to this Agreement; and
- Prova and its third party providers shall each not be liable or responsible for any breach of this Agreement by any party to this Agreement.
- Notwithstanding clause 4(a), you agree that Prova and its third party providers may rely on and benefit from the indemnity set out in clause 3(c).
- Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
- in the case of a notice delivered by hand, when so delivered;
- in the case of a notice sent by pre paid post, on the third day after the date of posting;
- in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the despatching facsimile machine which confirms that the facsimile has been successfully sent; or
- in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient's email server that the email has been received by the recipient.
- If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
1. Information Collection and Use
3. Entities collecting personal information
Personal information on this Site is collected by Prova.
4. Service Providers / Agents
Prova uses an outside credit card processing company to bill you for our goods and services. Prova does not collect or keep any financial information. All financial information is maintained through our credit card processing company. To identry our current credit card processing company, click the "checkout" button in your online shopping cart and review the "Payment Method."
5. Updating your personal information
You have the right to access and correct your personal information at any time. With respect to Registration Information (as defined in the section entitled "Protection of your personal information"), this may be accomplished by clicking on the link, "Profile", where you can view and make changes to much of your personal information.
6. Collection of personal information
As a visitor to this Site, you can engage in many activities without providing any personal information. When ordering products or services on the Site, or registering to become a Member, you will be asked to provide certain personal information including, but not limited to, your name, address, email address, credit card number, phone, job description and company type. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
As is true of most websites, when you use the Site, Prova or third parties authorized by Prova may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Prova also uses such environmental variables to measure traffic patterns on the Site. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information.
In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the personal information you submit to us with information from third-party sources. For example, we may supplement your Registration Information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database. As permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in photography) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.
7. How your personal information is used
Prova collects your information in order to record and support your participation in the activities you select. If you subscribe to a service the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. As another example, if you enter a contest, information is collected to qualify the entry and to contact you regarding the contest or prize awards. Your personal information is also used by Prova to track customer preferences and keep you informed about special offers and services of Prova. At no time do we share your email address with anyone. Prova may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Prova may use this aggregate, nonidentifying statistical data for statistical analysis, marketing, or similar promotional purposes.
8. Your choices with respect to personal information
Prova recognizes and appreciates the importance of responsible use of information collected on the Site. Prova may communicate information to you regarding products, services, and special offers available from Prova or selected third parties if you have opted to receive such communications, although we may find it necessary to communicate with you regarding your use of the services on the Site. We do not sell, rent or share your personally identifiable information to or with 3rd parties for marketing purposes or in any way other than that disclosed in this privacy statement. You may "opt out" of receiving Prova's email updates, newsletter and/or partner emails that you previously selected to receive, by clicking on the "Profile" link on the Site and making the appropriate selections. Prova will still contact you when there are changes to the Terms of Service or Submitter Terms & Conditions, as applicable. In addition, we might send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option of deactivating your account.
There are limited instances in which Prova may divulge your personal information, including requirements of law, regulation, or litigation. We reserve the right to disclose your personal information as required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on Prova ) and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
9. Protection of your personal information
We strive to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web Site, you can send contact us through our online contact form located at http://prova.fm.
Personal information that you provide that does not constitute Registration Information also resides on a secure server and is accessible only to selected Prova personnel and contractors via password. Since this information is not accessible by you, you will not be asked to select a password in order to view or modify such information.
Please note that any information you post to a public bulletin board or chat room, such as the Forum For Submitters (the "Forums"), or Private Messaging System ("PM"), is available to all persons accessing that location. Your e-mail address will not automatically be posted on the Forums unless you modify the default setting to permit that. Your e-mail address will then be available to all persons accessing the Forums. In addition, any information that you choose to include in your profile can be viewed by all visitors to the Forums. You can change your profile here.
If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Prova stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
If you choose to user our affiliate service to post links to our Site on your blog, website, or other visible form, at no time will viewers see any personally identifiable information other than your unique User ID (your "Affiliate Code"). We will automatically send a one-time email inviting your friend, or other persons, to visit the Site. We will provide a direct link and possible banner images to place on your blog, website, or other visible form that links directly back to our Site. Prova stores this information for the sole purpose of tracking the success of our affiliate program.
Anyone may contact Prova to request that we remove this information from our database.
When you visit this Site, you can browse the Site and access important information without revealing your identity. In order to improve our Site, we use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables Prova to record your passwords, submissions, purchases, and preferences. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)
Prova uses this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole.
IP addresses are tied to personally identifiable information to identify the country of origin of the user. This information is used to facilitate the use of the service and our multi-lingual options.
11. Privacy complaints
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Prova using the online contact form located at http://prova.fm or through this direct link.
Code of Conduct
All Prova.fm site members and guests are responsible for knowing the information contained in the following Code of Conduct.
Prova reserves the right, but does not assume the responsibility, to restrict communication which Prova deems in its discretion to be harmful to individual guests, damaging to the communities which make up Prova.fm, or in violation of Prova's or any third-party rights.
Prohibited Prova profile content, private messaging, board posting, uploads, and e-mailing, behaviors include (but are not limited to):
profanity, vulgarity, or explicit content For example:
"masking" by using alternative characters/spellings and spaces to get around profanity filters, leet-speak, and combinations of words that produce an offensive result (e.g. ura hugeazz)
discussion of or in-character enactments of "cybering" or sexually explicit material
discussion of or in-character enactments of graphic violence
hate speech (e.g. racial, ethnic, sexist, homophobic and religious slurs)
Flooding the site with campaigns without the intention of finalizing a transaction.
Flooding the site with inferior entries in an attempt to degrade the quality of the website or increase your own statistics.
promotion of or engaging in certain illegal activities, For example: drugs, drug paraphernalia, rape or solicitation of a minor, computer hacking, and copyright violation
harassment of another specific person (e.g. persistent flaming or continued personal attacks on the boards or "in-character harassment" without prior out-of-character permission.)
trolling or baiting by putting to the screen inflammatory statements designed to elicit a negative response from the community
spamming through repeated posts, or off-topic content by word or intent to boards or lists (e.g. scrolling, flooding, polling, or by "bumping" a boards post more than once in 48 hours)
No useless posts. This includes: Thread bumping, useless one liners, Flamewars, Trolling and Spamming. What is spamming? Read this.
advertising or promoting a business or commercial site without the permission of Prova
impersonation of another person, site staff or Prova member by either screen name or self-representation (e.g. faking a screen name by using similar-looking characters, "spoofing" speech in a chat room, or claiming to hold an official title or position relating to the site or using a CBCT avatar frame)
reregistering a banned username, a variation of a banned name, or declarations under a new screen name that you are "really" the banned name or attempts to resubscribe under another address after being put on REVIEW by the moderator.
off-topic posts or thread hijacking.
These disruptive behaviors are grounds for removal; Prova.fm site admins are the final judges of whether a member's behavior qualifies as inappropriate or a disruption.
Ask Questions through our Frequently Asked Questions Form first. This allows future users to see the related question AND answer. If your FAQ isn't answered, then send a personal email.
only one account per user
Check that your question has not been answered anywhere else on the site. Use the search feature (both on site content and forum).
Post your comment/question to the most appropriate place. Any posts deemed to be in the wrong forum will be moved. Do not cross-post the same question to multiple places.
Ask Questions The Smart Way.
Thank those who help you. Acknowledgement of a helpful suggestion not only placates those who helped you, it may also help others with a similar problem. All those who have been helped on this forum are invited to help other users by responding to their questions when they know the answer and /or to consider donating to the project.
In other words, behave yourself. Treat other people you encounter in the rooms just as you would treat them in person--politely.
If a member of Prova.fm has demonstrated he or she cannot behave, the member will initially have his/her profile banned and will eventually LOSE his or her username.
These procedures are only meant to be rough guidelines, as each profile, board, and content situation is different and may require other measures to ensure the community orientation of the site.
Help make Prova a better place.
Our moderators can't be everywhere at once. Therefore, if you witness actions in boards, or other areas that you believe harms a guest, damages Prova, or violates Prova's or some third-party's rights, please make a note of the time/place where the event occurred and contact a Prova member or site admin immediately. If they aren't handy, please see our contact page.
Parts of this Code of Conduct content have taken or inspired by the Joomlapolis.com Code of Conduct (http://www.joomlapolis.com/content/view/1992/), Joomla.org forum rules (http://forum.joomla.org/index.php/topic,65.0.html), and the Wizard.Community code of conduct (http://boards1.wizards.com/community_coc.php).
To provide fair and equal chance of winning to all Prova visitors, the following are the official rules for all contests on all Prova Websites and subdomains ("Prova.fm Websites"). These official rules may change at any time, and all visitors are subject to the current version of these rules.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
1. Accepting Incentives and Benefits
Prova may occasionally offer incentives to current or new customers. Incentives may be described as benefits, bonuses, incentives, bribes, or other similar terminology, but are all classified as incentives. Incentive programs may begin or terminate at any time, including prior to previously announced dates. All decisions are made by Prova and are final. Incentives may be handled differently for customers classified and registered differently.
All incentives are offered in the form of credits, usable on Prova.fm Websites, unless specifically stated otherwise.
- Business Customers
Customers classified and registered as a "Business" will be issued credits that may be redeemed at any time during future purchases on Prova.fm Websites. Business customers may also receive "money off" coupons that may be redeemed during the purchase of a future qualified transaction on Prova.fm Websites.
- Creative Individual Customers
Customers classified and registered as an "Individual" may redeem their credits at the end of every month in the form of a check or direct transfer to a paypal account. Individual customers may also receive "100% Royalty" incentives that must be redeemed during the purchase of the next qualified transaction on Prova.fm Websites. 100% Royalty is defined as: "The next qualified transaction may be completed without the need to pay a percentage to Prova. The full transaction amount will be transferred to the registered owner of the downloaded file."
One (1) Prova credit is redeemable for one (1) dollar spent on Prova.fm Websites.
2. Entering Contests and Choosing and Contacting Winners
Winners of referral based contests will be determined by the data collected and analyzed during the official contest dates. All transactions to be considered in referral based contests MUST be qualified transactions as stated in section three (3) below. Winners of referral based contests will be selected from among only qualified transactions. All decisions are final.
Entrants must send entries while logged in to their correct Prova Membership Account. All information necessary to determine account and entry validity must be entered. Entrants must maintain their account with a valid email address at all times. Prova is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by Prova, or any other persons, for any reason, as potential contest entries or winners.
Winners of all contests will be contacted at the email address currently in the user's account profile, and the person receiving and replying to the winner announcement email will be considered the winner unless they specify another person within the reply email as the winner. Prova will mail the contest prize to the address supplied by the recipient of the winner announcement email. Your account details can be changed at any time by accessing the "Profile" link while logged in to Prova.fm.
Claiming of prizes requires an email response to Prova from the winning sender email address within 30 days of being notified of winning at the email address used to register. Failure to respond shall mean that the winner forfeits the prize. Prova is not required to award elsewhere any prizes forfeited by the chosen winner(s).
3. Definition of Prova.fm Websites Terms.
Campaign: An open request from a Registered Member for advertising needs. All Campaigns are publicly viewable and browsable while a Campaign is still active.
Entry: Photographs, illustrations, audio files, video files, flash files, .pdf files, images or any other goods, services, or material (“Works”) uploaded into a qualified Campaign.
For a Campaign to be considered "qualified," it must meet ALL of the following:
- The campaign must be posted online at Prova.fm or a subdomain of Prova.fm (ie: http://prova.fm).
- At least one (1) entry must be posted to the campaign.
- At least one (1) entry must be purchased by the party responsible for posting the campaign.
- The entry must be purchased for at least $99.00 (ninety nine dollars and zero cents).
- The campaign must be paid for in-full.
- The Membership Account responsible for posting the Campaign must be active and in good standing.
For an Entry to be considered "qualified," it must meet ALL of the following:
- The entry must be posted to a qualified campaign online at Prova.fm or a subdomain of Prova.fm (ie: http://prova.fm).
- The entry must be original work of the entrant and must not violate any local, state, federal, or foreign laws, or any copyright or other illegal infringements.
- The entry must be purchased by the party responsible for posting the campaign.
- The entry must be purchased for at least $99.00 (ninety nine dollars and zero cents).
- The entry must be paid for in-full.
- The Membership Account responsible for posting the entry must be active and in good standing.
4. Submission of photo, text or other content for Contests
Entries selected for display and to win “best of” contests and any other contests requiring photo, text or other content from the entrants will be judged entirely at the discretion of Prova.
By submitting any photo, entry, or information to Prova, you hereby grant to Prova and its affiliates, subsidiaries, licensees and assigns, a nonexclusive, irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world, to enable Prova to continue the specific operation or marketing of the Company. In addition to other things, the rights granted to Prova includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo;
By submitting any photo or information to Prova, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Prova herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
You acknowledge and agree that Prova shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to Prova;
You understand and intend that any photo or information submitted by you to Prova may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to Prova. By submitting any photo or information to Prova, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to Prova;
You hereby agree to hold Prova and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Prova site, or any other use authorized under these Terms, of any photo or information submitted to Prova by you;
Photos or information submitted by you to the Site shall be the property of Prova, and Prova shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
5. Awarding Prizes
Winners are solely responsible for all taxes and/or fees that may be incurred. All cash winners are required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the cash prize. Winner may forfeit any and all cash winnings if verification cannot or has not been made within 30 days. Upon proper verification, cash winnings will be awarded by check, and mailed to winner's mailing address within seven (7) business days.
Each prize winner must supply Prova with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers. In the case of a cash winner, winner must also supply social security number.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred.
Neither Prova, Prova sponsors, nor employees of Prova or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Prova is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Prova.
If the specified prize becomes unavailable due to unforeseen circumstances, Prova may substitute a prize of like or equal value.
Management, employees and families of Prova are prohibited from winning any prizes awarded by Prova
Prova reserves the right to alter any rules of any contest at anytime. If you have any questions or complaints about a Prova contest, please contact Prova using the online contact form located at http://prova.fm.
THE SERVICE, CONTENT AND INFORMATION FROM OR THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PROVA AND ITS PARTNERS, SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS RELATING TO THIS WEB SITE AND ITS CONTENT, OR THE INFORMATION OBTAINED THROUGH THIS WEB SITE, AND RESERVES THE RIGHT TO MAKE CHANGES WITHOUT NOTICE. PROVA AND ITS PARTNERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME OR EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, LOSS OR INJURY TO PERSONS OR PROPERTY, CLAIMS OF THIRD PARTIES, COPYRIGHT INFRINGEMENTS, SERVICE MARK INFRINGEMENTS, TRADEMARK INFRINGEMENTS, OR ANY OTHER LOSS OR DAMAGE RESULTING DIRECTLY OR INDIRECTLY OUT OF THE FURNISHING OR USE OF THIS WEB SITE. ENTRIES SUBMITTED TO THIS WEBSITE MAY BE REMOVED AT ANY TIME, FOR ANY REASON. ALL CONTESTS MAY BE TERMINATED AT ANY TIME.