PrimeHangout.com including ENOACH Technology, VCap1 and their affiliates collectively known as PrimeHangout Websites reserves the right to change the terms, conditions, and notices under which the PrimeHangout Websites are offered, including but not limited to the charges associated with the use of any specific service(s) within PrimeHangout Websites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE – PERSONAL AND NON-COMMERCIAL USES LIMITATION.
Unless otherwise specified, the PrimeHangout Websites are for your personal and limited business use as a social networking site. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the PrimeHangout Websites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site (if so allowed or permitted) solely for your own noncommercial use, or to place an order with PrimeHangout Websites or to purchase PrimeHangout Websites products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission from PrimeHangout Websites is strictly prohibited.
Harassment in any manner or form on the Site or any of the PrimeHangout Websites, including via e-mail and chat is prohibited and could lead to termination and deletion of your information. Obscene or abusive language is strictly forbidden. Impersonation of others, including as a PrimeHangout Websites employee, associate, host, or representative or other members or visitors on the Site is prohibited. You may not input, upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
You are fully responsible for making sure that the battery of the mobile device you are using to enjoy any of the apps developed by PrimeHangout Websites is fully charged to function as designed. Be sure to charge your mobile device(s) battery at all times.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or source code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of PrimeHangout Websites. The collective work includes works that are licensed to PrimeHangout Websites. Copyright 2010, ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Henry I. Balogun or other respective owners that have granted PrimeHangout Websites the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
PrimeHangout Websites respects the intellectual property of others, and we ask our users and visitors to do the same. PrimeHangout Websites will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, PrimeHangout Websites will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PrimeHangout Websites the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit PrimeHangout Websites to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
PrimeHangout Websites 5044 Spruce Street JBMC Building Philadelphia, PA 19139
henry.balogun@PrimeHangout.com (Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PRIMEHANGOUT WEBSITES THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In the event a PrimeHangout Websites product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, PrimeHangout Websites shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. PrimeHangout Websites shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PrimeHangout Websites shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the PrimeHangout Websites and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by PrimeHangout Websites without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
PrimeHangout Websites does not and cannot review all communications and materials posted to or created by users accessing any of the Sites within the PrimeHangout Websites and are not in any manner responsible for the content of these communications and materials (personal or business). You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, PrimeHangout Websites are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, PrimeHangout Websites reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to PrimeHangout Websites at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by PrimeHangout Websites in accordance with PrimeHangout Websites Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to PrimeHangout Websites ("Communications") will be considered non-confidential and non-proprietary. PrimeHangout Websites will have no obligations with respect to the Communications. PrimeHangout Websites and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
USER CHAT ROOMS.
PrimeHangout Websites may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. PrimeHangout Websites, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
REFUND FOR AD PLACED ON PRIMEHANGOUT WEBSITES
Payment for advertisement on PrimeHangout Websites “Text Only” or “Video Only” or any type of advertisement including payment made by businesses for sClassified or for the use of PrimeHangout Mall is not refundable for either full or partial refund in any way, shape or form. Once advertisement placed start running or a store is approved and goes live, no refund will be allowed. Advertisement placed on PrimeHangout Websites start running the minute payment is made. The store you opened on PrimeHangout Mall goes live the moment it is approved. However, if you stop your ad from running or you close your store on PrimeHangout Mall, further payment shall immediately stop.
Payment made by anyone for the use of Safe & Sound as well as VCap1 is not refundable for either full or partial refund once the product is downloaded or installed.
This refund policy is only applicable to payment(s) made directly to any of the PrimeHangout Websites or via one of the companies designated to collect payment for or on behalf of PrimeHangout Websites.
LIMITATION OF DAMAGES
In no event shall PrimeHangout Websites be liable to advertiser, its agent or representative for any damage(s) – direct or indirect, consequential and/or punitive damages without limitation, loss of business or profits arising directly or indirectly from any breach of this terms and conditions.
REPRESENTATION AND WARRANTIES
Each advertiser, its agent or representative represents and warrants that:
- Compliance with Laws. The contents of the advertisement(s) including but not limited to all statements, information and data contained therein (i) comply, in all respects, with all applicable federal, state and local laws, rules and regulations, including but not limited to the rules and regulations of the Federal Trade Commission, and (ii) are true in all material respects and are not misleading;
- Necessary Consents. It has obtained all necessary consents, licenses and approvals for the advertisement (Text Only or Video Only) and their contents, including but not limited to those for individuals appearing or being used therein and for use of all music and other video on a “through to the viewer” basis;
- Advertisement Claims. In the event that merchandise is offered for sale in any advertisement (Text Only or Video Only), a sufficient quantity of product is available to meet the anticipated demand; Advertiser has a reasonable basis for all claims; all testimonials are voluntary and honest and generally representative of average experience or otherwise disclosed; there are no false claims, deception through omission, or offensive materials and if a warranty is offered, a copy of any warranty will be available prior to sale; and
- Authority. Business owner is the agent of Advertiser and has the authority to bind both itself and Advertiser to these terms and conditions;
- Nondiscrimination Policy. PrimeHangout Websites does not discriminate in advertising contracts on the basis of race or ethnicity and will not accept any advertising which is intended to discriminate on the basis of race or ethnicity. Advertiser, its agent or representative represent and warrant that they are not purchasing ad space from PrimeHangout Websites for the purpose of placing advertising that is intended to discriminate on the basis of race or ethnicity. Any provision in any agreement entered into with Advertiser, its agent or representative whose intent is to discriminate in such manner shall be null and void.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with PrimeHangout Websites, PrimeHangout Websites has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PrimeHangout Websites. PrimeHangout Websites has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that PrimeHangout Websites sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, PrimeHangout Websites seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of PrimeHangout Websites products (product directoly offered by PrimeHangout and not products offered by users of PrimeHangout) and/or each claim or statement comparing the effectiveness of PrimeHangout Websites products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
PrimeHangout Websites makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site within the PrimeHangout Websites group or External Sites.
PrimeHangout Websites does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
Inactive account for an extended period of time shall be deleted after three (3) notifications to the account owner to keep the account active had gone out without response of any kind. PrimeHangout Websites does not recognize death certificate as a reason or part thereof to transfer your digital information posted on PrimeHangout Websites to anyone because death certificate (along with any other documentation) is produced. PrimeHangout Websites does not recognize right of survivorship.
THIS SITE AS WELL AS ALL OTHER SITES WITHING THE PRIMEHANGOUT WEBSITES GROUP INCLUDING APPS FOR MOBILE DEVICE SUCH AS “SAFE AND SOUND,” ETC AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND – EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRIMEHANGOUT WEBSITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PRIMEHANGOUT WEBSITES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR APP FOR MOBILE DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECT WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIMEHANGOUT WEBSITES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL PRIMEHANGOUT WEBSITES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PRIMEHANGOUT WEBSITES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless PrimeHangout Websites including mobile device apps, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of PrimeHangout Websites products) shall be in the state or federal courts located in Philadelphia County, Pennsylvania. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of PrimeHangout Websites products) must be commenced within one (1) year after the claim or cause of action arises. PrimeHangout Websites' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PrimeHangout Websites may assign its rights and duties under this Agreement to any party at any time without notice to you.
PrimeHangout Websites makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Pennsylvania may do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Pennsylvania.
By using this Site, you agree that PrimeHangout Websites, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
PrimeHangout Websites may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.