rcsthailand.com
Privacy Policy and Terms of Use
RCS PRIVACY STATEMENT
RCS is the owner of this RCS Website and retains all ownership rights to the information collected at this site.
This statement explains the types of personal information RCS gathers via the Internet and how we use that information. Personal information is information that allows us to contact you (such as email address, postal address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your use of our site. RCS reserves the right to change, modify, add, or remove provisions of this Privacy Statement.
Web Site Visitors
Visitors may view and use this RCS Website without providing any personal information.
RCS Clients
As part of doing business with its clients, RCS maintains a database of "contact information" such as name, title, address, corporate ownership, telephone numbers and e-mail addresses. Clients may also be asked certain questions about other software or computer systems they use, consulting services they employ and the nature of those services. This information is shared internally among RCS personnel only to the extent necessary to provide RCS products, systems and services. This information is never disclosed or marketed to any third parties.
Information Collected By This Website
RCS collects two types of information via this Website: (1) "user" information such as names and e-mail addresses, and (2) "computer" information such as IP addresses and database names.
(1) User Information
The RCS Website may collect information when a user requests access to restricted areas or when downloading files. It may also be requested by RCS staff during telephone or fax communications. Such disclosure of personal information is solely at the discretion of the client. Personal information includes name, alias or "on-air" name, personal or cell phone number, e-mail address, the language(s) spoken by the person, their affiliations with various RCS clients and the date and time of their last contact with RCS.
RCS uses email addresses and names to control access to certain parts of the RCS Web sites. Visitors to restricted areas of the RCS Web sites are identified by their RCS UserID or e-mail address. If a visitor does not wish to disclose the e-mail address, an alternative RCS-assigned user name may be provided. RCS will remove from its databases any personal information a user wishes to revoke. Depending on the nature of information removed, RCS may be unable to authorize the user from obtaining software releases or product licenses.
(2) Computer Information
RCS provides several internet-based customer services: Licensing, Update, Data Exchange and Bug Reporting.
Internet Licensing
Through its "Internet Licensing" system, RCS collects technical information about the computers that connect to RCS servers. This information includes IP addresses, RCS-issued User IDs and passwords, operating and file system versions, RCS product version numbers ,and the names and call letters of all the RCS product databases installed on the machines. This information is only collected when the end user initiates a licensing dialog with RCS and is never initiated by RCS. This information does not include any user-input contents of such databases nor any non-RCS products, files, services or systems installed or connected to the user's computers. RCS collects only the minimally necessary set of RCS product parameters required to authorize the use of RCS software and systems within the terms of the user's contract with RCS. All licensing transactions and IP addresses are logged.
Internet Update
Through its "Internet Update" system, RCS collects technical information about the software versions of RCS products installed on the user's computer. This information is used to determine the nature of any new software or modules that should be downloaded by the user and automatically applied to the RCS software installation. This information is only collected when the end user initiates an Internet Update dialog with RCS and is never initiated by RCS. Version information may be used to update RCS records of installed software at the user's site.
Data Exchange
Through its Data Exchange service, RCS collects the contents of the user's product database for transmission to the RCS server. This collection is done only when initiated by the end user. The database name and call letters are collected, as well as the e-mail address of the sender and recipient(s). This information is used only to notify the recipient(s) of the database transmission. The user is encouraged to make use of the Private Password to encrypt the data and prevent access by unauthorized parties. In all cases the contents of the database sent to the RCS server are destroyed after seven days.
RCS OnSite
Through its "RCS OnSite" service, RCS collects all information on the primary computer monitor, all keystrokes, and all mouse movement. We may also collect information on any process running on the machine, including but not limited to Windows system calls, database calls, file system information, system performance and machine information. This function must be initiated by the End User of the software, who also approves each transmission of this information to RCS.
Aggregated Information
RCS may collect aggregate information about its Web site visitors, such as IP addresses and HTTP Referrers. This information does not contain any personally identifying information. RCS uses this information to monitor and improve the performance of its Web sites.
Communications Via Email
RCS may send mail to the e-mail addresses in the database for the purposes of announcing product news, conducting surveys or providing support, order tracking or licensing information. RCS provides a method for users to set their preferences regarding the types of e-mail sent. RCS stores any preferences that users indicate with the e-mail address and attempts to avoid sending unwanted e-mail. RCS may make use of a person's title or affiliation for the purpose of targeting certain types of messages.
RCS reserves the right to utilize e-mail to contact any customer regarding the status of their accounts or service agreements.
RCS does not disclose personal information to third parties.
RCS attempts to ensure that the personal and computer information of its clients remains secure. RCS does not use customer or person names or other identifying details on its Website, or in any file download, product release or internet dialog, for any purposes other than official RCS business with the customer.
While RCS exercises precautions regarding the security of its internal information, the nature of certain Internet communications cannot be regarded as absolutely secure. RCS makes use of various mechanisms to ensure the contents of its product databases may only be accessed by authorized users, and internally by RCS personnel. RCS takes measures to maintain the confidentiality of all customer communications, including database contents, program settings, personnel and facility information.
RCS does not send unsolicited mail to Data Exchange recipient addresses nor disclose the addresses to third parties including other recipients.
IP Address and Log Files
An IP address is assigned to each computer connected to the internet. IP addresses can at times be used to identify ISPs and internet domains. RCS may collect IP addresses to administer our Website and for diagnostic and statistical purposes. RCS may choose to block certain IP addresses given any evidence of abuse of its web services or to ensure the integrity and security of its web services.
Cookies
This Clear Channel site may use a standard technology called a "cookie" to collect information about how you use the site. Cookies are small files that reside on your computer that contain evidence of a previous visit to a Web site. Cookies help our Website to recognize your computer's browser as a previous visitor. The information stored in a cookie from a Web site can only be read by the Web site that stored it. Cookies cannot access data from parts of the user's computer other than cookies. RCS uses cookies to keep track of logged-in users and offer customized delivery of information based on their identity. These cookies do not contain any personally identifying information. RCS offers the convenience of storing the user's identity (currently comprised of their e-mail address and RCS password) in a second cookie, which avoids the need of logging into the RCS Web site at each visit. Use of this second cookie is optional and created only with the user's consent.
Cookies are used to store the user's Name, E-mail Address and Company name on their computer for use by the E-mail Direct page to display the most recently entered information for these fields.
RCS provides a means to remove all cookies it has set by visiting this web page: http://services.rcsworks.com/services/nocookies.asp
In addition, on occasion our site may also set a "session cookie" which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
Children's Personal Information
In accordance with the Children's Online Privacy Protection Act, RCS does not knowingly solicit information from children on its Website, nor does it market its services to children.
Access to Personal Information
RCS gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our Website.
Sale or Merger
If this site is sold to, or merges with, another company not owned by Clear Channel, you should expect that some or all of the information collected from this Website may be transferred to the buyer/surviving company. If so, Clear Channel will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
Legal Process
You should be aware that RCS may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, you can contact Clear Channel Online Music & Radio Support. Please include the web address, call letters or station's name. Please note that this email address should only be used for specific technical issues related to the Website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.
General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Clear Channel brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Clear Channel Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in San Antonio, Texas. You agree to submit to the personal jurisdiction of the courts of the State of Texas for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Clear Channel with respect to the use of this Clear Channel Website and shall not be modified except in writing, signed by an authorized representative of Clear Channel.
If you have any questions concerning this Agreement, you may send them by email to: legal@internal.clearchannel.com.
You must send any official correspondence via postal mail to:
C. Cain
Legal Department
Clear Channel Communications, Inc.
200 E. Basse Road
San Antonio, Texas 78209
European Union and Other Foreign Nations
This Clear Channel Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Clear Channel makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Clear Channel Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Clear Channel logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Clear Channel or by other parties that have provided rights thereto to Clear Channel.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Clear Channel Website, in whole or in part, without the express written permission of Clear Channel.
Other trademarks, service marks, product names and company names or logos appearing on this Clear Channel Website that are not owned by Clear Channel may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, Websites may not hyperlink to any page beyond the homepage of this Clear Channel Website, or frame this Clear Channel Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Clear Channel Website in an email for commercial purposes, without the express written permission of Clear Channel.
You may inquire about obtaining permission by writing:
C. Cain
Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio , TX 78209
By Facsimile: (210)832-3428
By Email: IPPermission@clearchannel.com
Copyright Infringement
Clear Channel respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Clear Channel Website, you are granting permission to have this material posted on this Clear Channel Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Clear Channel reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Clear Channel may have under law or contract.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
C. Cain
DMCA Designated Agent
c/o Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio , TX 78209
By Facsimile: (210) 832-3428
By Email: dmca@clearchannel.com
Pursuant to 17 U.S.C. ยง 512(c), to be effective, the Notification must include the following:
(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 Clear Channel to locate the material.
(iv) Information reasonably sufficient to permit Clear Channel to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) 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.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Effective Date: January 1, 2008
RCS WEB SITE TERMS OF USE AGREEMENT
Radio Computing Services, Inc. ("RCS") is a subsidiary of Clear Channel Communications, Inc. ("Clear Channel"). This site is owned or managed by Clear Channel Communications, Inc. and is part of the Clear Channel family of companies, which includes other quality entertainment brands such as broadcast and internet radio stations, Clear Channel Outdoor, and the Premiere Radio Networks (each a "Clear Channel Website," and collectively the "Clear Channel Websites").
Clear Channel provides this Website and related services subject to your compliance with this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully before using this Clear Channel Website. Your use of this Clear Channel Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Clear Channel Website. This Agreement sets forth Clear Channel's policies with respect to its operation of the Clear Channel Websites. Other policies govern Clear Channel's non-Internet operations.
Certain products or services offered by this and/or other Clear Channel Websites (each a "Clear Channel Internet Service," and collectively "Clear Channel Internet Services"), and certain areas within this and/or other Clear Channel Websites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Clear Channel Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY CLEAR CHANNEL WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CLEAR CHANNEL WEBSITE MAY BE TERMINATED IMMEDIATELY IN CLEAR CHANNEL'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR IF YOU ABUSE THE SERVICE, OR FOR ANY OTHER REASON, OR NO REASON.
Clear Channel offers its Internet services as a courtesy to its customers. Services may be suspended or discontinued for some or all users at any time, for any reason, including as a result of abuse or where security of the systems or customer data is at risk.
Changes to this Agreement
Clear Channel reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. Clear Channel will provide notice of such change on this Clear Channel Website. Please review this Agreement periodically for changes. Your continued use of the Clear Channel Website and/or Clear Channel Internet Service constitutes your acceptance and agreement to be bound by these changes. If at any time you do not accept these changes, you must immediately discontinue use of this Clear Channel Website and/or the Clear Channel Internet Service to which the changes may apply.
Member Account and Password
To register for this RCS Website, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the registration form. It is your responsibility to maintain the completeness and accuracy of your registration data and any loss caused by your failure to do so is your responsibility.
After you have completed the registration form, you may be asked to choose a password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You are responsible for any and all activities that occur under your account, and you agree to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
You are responsible for any charges incurred by your account at this RCS Website. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CLEAR CHANNEL WEBSITE AND/OR CLEAR CHANNEL INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CLEAR CHANNEL WEBSITE OR CLEAR CHANNEL INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. CLEAR CHANNEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLEAR CHANNEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS CLEAR CHANNEL WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS CLEAR CHANNEL WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CLEAR CHANNEL IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on Liability
In no event shall Clear Channel, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Clear Channel Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Clear Channel Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Clear Channel Website or any information, software, products, services, and related graphics obtained through the Clear Channel Website; (vi) any transactions entered into through this Clear Channel Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Clear Channel Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Clear Channel Website and Clear Channel Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Clear Channel has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Clear Channel, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Clear Channel Website and any related Clear Channel Internet Service and/or software. Clear Channel reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Clear Channel in asserting any available defenses.
Links
This Clear Channel Website may contain links to Websites operated by third parties. Clear Channel does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. The presence of a link to a third-party site does not constitute or imply Clear Channel's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with this Clear Channel Internet Service ("Software") is owned or controlled by Clear Channel and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software.
Modification/Termination by Clear Channel
Clear Channel reserves the right, in its sole discretion, to modify, suspend, or terminate this Clear Channel Website and/or any portion thereof, and/or your account, password, or any portion thereof, at any time for any reason with or without notice to you.
In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Clear Channel shall not be liable to you or any third-party for any termination of your access to a Clear Channel Internet Service.
International Use/U.S. Export Controls
Accessing materials on this Clear Channel Website by certain persons in certain countries may not be lawful, and Clear Channel makes no representation that materials on this Clear Channel Website are appropriate or available for use in locations outside the United States. If you choose to access this Clear Channel Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Clear Channel Website. No software or any other materials associated with this Clear Channel Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Clear Channel Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
