AtPrime! Terms of Service.


Welcome to @Prime! Your electronic community on the Internet!

Please read the following terms and conditions carefully. @ATPRIME!, currently located on the Internet at http://www.atprime.com the "Service") is an online Electronic Community information and communication service, owned and operated by Atprime Media, Inc.. 521 Fifth Avenue ‑ Suite 1700, New York, New York 10175. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by @Prime! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. @Prime! grants you personal, non‑transferable and non‑exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by @Prime! for use in accessing the Service. You agree to indemnify and hold Atprime Media, Inc., and its subsidiaries, affiliates, officers, agents, co‑branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not be applicable to you. (http:\\www.atprime.com "@Prime!") @Prime! provides its service to you, subject to the following Terms and Conditions of Service ("Terms of Service").

By using our World Wide Web site, or, by registering as a member of the Service, you agree to be bound by these Terms of Service, which we may update without notice to you. We urge you to review periodically, for modifications, the enclosed "Terms of Service" statement.

MEMBERSHIP

You are eligible to become a member of @Prime! if you are over 18, and such minimum age requirement is not in conflict with National, Sate or Local Law. Registration as an @Prime! Member provides you access to Forums, Videoconferancing,and other services. As an @Prime! Member you, as well as AtPrime Media, Inc., shall be bound by the enclosed Terms of Service (TOS) and any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Membership entitles you to special discounts, available, from time to time, for members. In addition, Membership shall entitle you to discount "Pay For View" services as announced on the site. When registering as a member, you represent that you eligible under National, State or Local law to become a member, and, agree to provide truthful information about yourself as requested by the registration form and update the information to keep it truthful and current. If you do not provide truthful or complete information, or if AtPrime has reason to believe that information is untruthful or incomplete, then AtPrime may suspend or terminate your account.

You understand and agree that the Service is provided "As‑Is" and that Atprime Media, Inc. assumes no responsibility for the timeliness, deletion, mis‑delivery or failure to store any user communications or personalization settings. @Prime! is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. @Prime! shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. no advice or information, whether oral or written, obtained by you from @AtPrime! or through or from the service shall create any warranty not expressly stated in the TOS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that @Prime! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Upon registering as a member of the Service, you will receive a user name and password. You are responsible for keeping your user name and password confidential and are fully responsible for all activity occurring under the use of your user name. You agree to notify AtPrime immediately if there is an unauthorized use of your user name or password. In addition, when using particular @Prime! services, you and AtPrime Media, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify @Prime! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. @Prime! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

YOUR CONDUCT AS A MEMBER

By using the Service, or registering as a member, you agree to the following rules; failure to comply with these rules may lead to the cancellation of your membership and/or a denial of access to the Service. You may not post or transmit on the Service any defamatory, inaccurate, abusive, obscene, profane, vulgar, threatening, offensive or illegal material. AtPrime has created certain areas on the Service that may contain adult content; you must be at least 18 years old to access such areas.

You acknowledge that we do not screen sercreated content before it is posted or transmitted, but we reserve the right in our sole discretion (but are not obligated) to review and edit, delete, or refuse to post any material submitted for display or placed on the Service, including bulletin boards, chat rooms, discussions, and/or emails.

Please be aware that Atprime! has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age, and such viewing must be allowed under National, State or Local law to access and view such areas.

You may use our service for lawful purposes only. You may not post or transmit any material that violates the rights of others, infringes a person's intellectual property rights (such as copyrights, patents, or trademarks), is otherwise unlawful or encourages unlawful activity, or could give rise to civil liability. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited, and we reserve the right to notify law enforcement authorities in such event. You may not post or send advertising or other solicitations. You may not post any unsolicited or unauthorized advertising, promotions, junk mail, spam, chain letters, or any other form of solicitation, except for on your homepage. We reserve the right to charge you for utilization of our site for unauthorized services.

You agree not to access, or attempt to access, other members' accounts, and you agree not to interfere with or disrupt the Service or any servers connected to the Service. You agree not to distribute any content that contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer‑programming routines that are intended to damage, interfere with, or intercept any data or personal information. We reserve the right to charge you for utilization of our site for unauthorized service as listed above.

You agree to not use the Service to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, an AtPrime Media, Inc official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(g)upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(l) "stalk" or otherwise harass another user, or member.

YOUR EMAIL AND FORUM ACTIVITIES

You are solely responsible for content you transmit or post using the Service. The content you distribute shall not infringe any third party's intellectual property rights or the rights of privacy or publicity of any third party. You will be responsible for any damages resulting from such infringement.

PUBLIC AREAS AND CONTESTS

A public area of the Service is any area where you may submit material ("Submissions") for viewing by others or where you may view Submissions of other Service members, such as bulletin boards, discussions, or chat rooms. By transmitting a Submission to any "public area" of AtPrime.com, including message boards, discussions, contests, and chat rooms, you grant AtPrime and its affiliates a royalty‑free, perpetual, irrevocable, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit other users of the Service to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on AtPrime retains any and all Rights that may exist in such content.

Similarly, by submitting content to any contests or to any public area of the service, you hereby expressly permit AtPrime to identify you as the contributor of such content to the contest in any publication in any form, media, or technology now known or later developed in connection with the content, unless you otherwise notify AtPrime in writing at the time you submit the content that you do not wish to be so identified.

MODIFY SITE

AtPrime reserves the right to discontinue,and or, modify any parts of the Service with or without notice to you.

TERMINATION OF YOUR MEMBERSHIP

We may terminate your membership and/or deny access to the Service if we learn that you have provided false or misleading registration information, compromised the administration of our Web site, or violated these Terms of Service. Additionally, we may choose to remove any or all of the content you submit in connection with the service at any time and without notice to you.

INTERNET LINKS

AtPrime may provide links to third party sites (including the sites of our business partners). AtPrime is not responsible for the content of any other site linked to from our site.

DISCLAIMER OF WARRANTIES

The services and materials on this site are provided "as is" and on an "as available" basis. @Atprime! Disclaims all warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non‑infringement. Neither @atprime! Nor any of its affiliated companies nor any of its or their respective licensor or suppliers warrant that any functions contained in the web site will be uninterrupted or error‑free, that defects will be corrected, or that the web site or the server that makes them available are free of viruses or other harmful components.

Neither @atprime! Nor any of its affiliated companies nor any of its or their respective licensor or suppliers warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

You acknowledge that neither the service, nor any of the information provided on the service, constitutes, or is intended to constitute, tax, accounting, legal, medical, or any other personal advice. Although the service may provide access to information, research, and/or general recommendations about a variety of topics, such information, research, and/or general recommendations should not be construed as an opinion regarding the suitability for you or any other person. You agree to make your own independent evaluation of the information as applied to you. No information obtained from @atprime!, Whether oral or written, shall create any warranty not expressly set forth in these terms of service. @Atprime! Shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if @atprime! Has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your submissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

@ATPRIME!'S PROPRIETARY RIGHTS

The contents of this Web site are the property of AtPrime and/or its licensor and are protected by copyright, trademark, and other intellectual property laws. AtPrime makes the Service available to you for your personal use only and on the express condition that you do not copy, modify, create a derivative work of, reverse engineer, revise, assemble, or otherwise attempt to discover any source code; or sell, assign, sublicense, grant a security interest in, or otherwise transfer any of the contents of this Web site or the software used to deliver this Web site to you‑except that you may download one copy onto a single computer or make one print copy for your personal, non‑commercial use.

INDEMNITY

You agree to indemnify and hold harmless AtPrime and its affiliates, officers, agents, co‑branders or other partners, and employees from any third party claim or demand (including actual attorneys' fees) due or relating to your use of the Service, your violation of these Terms of Service, or content you submit to or post on the Service.

GENERAL

You agree that the laws of the State of New York, without reference to its conflicts of laws rules, shall govern all matters relating to this Agreement. In any matter relating to your use of the Service, you and AtPrime agree to submit to the personal and exclusive jurisdiction of the courts located within the City and borough of Manhattan.

These Terms of Service constitute the entire agreement between you and AtPrime and shall govern your use of the Service. These Terms of Service shall supersede any prior agreements between you and AtPrime.

You may also be subject to additional terms that may apply when you sue third party services or content. If any provision of these Terms of Service are found to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions and that the remainder of the Terms of Service will remain in full force and effect.

Proprietary Rights

All materials on this site are the property of @Prime! or others, unless otherwise specified. Without @Prime!'s prior written permission, you may not copy, modify, display or prepare derivative works based upon the materials on this site, except that, unless otherwise stated, you may print one copy on one computer for your personal, non‑commercial use only, provided you do not delete or change any copyright, trademark and other proprietary notices. Note that any product or service referenced on this site may be subject to other proprietary rights reserved by @Prime! and are not licensed hereunder. All rights not expressly granted herein are reserved. Any visitor to the @Prime! web site who provides information to @Prime! agrees that @Prime! has unlimited rights to such information as provided, and that @Prime! may use such information in any way @Prime! chooses. Such information as provided by the visitor shall be deemed to be non‑confidential. @Prime!, www.atprime.com are trademarks of @Prime!. All other trade names, trademarks, logos, and service marks on this site are the property of their respective owners.

COPYRIGHT PROTECTION

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide @Prime!'s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good‑faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

@Prime!'s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent Attn:

Director of Product Management AtPrime Media, Inc. 521 Fifth Avenue Suite 1700 New York, New York 10175 212-772-8600 (phone) 212-772-3383(fax) ip@atprime.com

@ATPRIME! PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. You acknowledge that Atprime Media, Inc. does not pre‑screen Content, but that Atprime Media, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, @Prime! and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by @Prime! or submitted to @Prime!, including without limitation information in @Prime! Message Boards, AtPrime Clubs, and in all other parts of the Service.

You acknowledge and agree that Atprime! may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third‑parties; or (d) protect the rights, property, or personal safety of @Prime!, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.




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