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Home >Terms & Conditions
terms + conditions

Terms and Conditions
For using the MyPrimeTime Web Site and Online Community


Welcome to MyPrimeTime and to our Web site, myprimetime.com. These are the terms and conditions for using the Web site and for being part of the MyPrimeTime Community.

MyPrimeTime, Inc., owns and operates this Web site. (Sometimes we just use MyPrimeTime as the name of the company.) This page contains proprietary rights notices and terms of use of this site, which MyPrimeTime may change at any time without notice. By using this site, a user accepts these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use or access the site.

Our copyright notice, "Copyright Notice 1999-2001 MyPrimeTime, Inc., 410 Jessie St., Suite 300, San Francisco, CA 94103-1835. All rights reserved" occurs at the bottom of our home page and other pages of the Web site.

Registration is free and usually requires at least your email address. You can also personalize your registration experience for free, by adding additional information such as your name and address, and specific topics on which you would like to receive additional information from time to time. Except as provided herein, MyPrimeTime will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. MyPrimeTime allows access to database information by third parties providing technical services, such as email, but only to the extent necessary to provide you with those services. In those instances, the third party is bound by these Terms and Conditions, too. Your informed consent will be in the form of an "opt in" or similar policy.

Privacy is important to us and we know it is important to our community. MyPrimeTime collects personally identifiable information about individuals when it is volunteered by the user. For example, volunteered information may be gathered when a user is presented with a blank field and voluntarily inputs personal information and submits that information to myprimetime.com. Such volunteered information may be updated at any time by the user. In addition, when users share personal comments in any of our Community spaces, this information usually becomes public, unless there is explicit protection provided (for example, in a private side "conversation").

Email may be sent by MyPrimeTime to any user who chooses ("opts in") to receive it. When we send you an email for which you have opted-in, there will always be a link on the page that allows you to "unsubscribe" to any additional emails.

Unsubscribe is always on any page of an email you may receive from us. Simply put, at your request, MyPrimeTime will use commercially reasonable efforts to functionally delete you, the user, from our database. We have discovered that users sometimes register under more than one name or spelling and only unsubscribe under one; when you unsubscribe, take care to unsubscribe using all your email addresses.

Opting in is the method that allows users to choose to receive information. MyPrimeTime will not divulge information on an individual user to any unaffiliated third party unless the user provides MyPrimeTime with permission to do so, with the following exceptions: (1) to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant, (2) to third parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services (and in that case, the third party is bound by these terms and conditions), (3) in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of MyPrimeTime or its affiliated entities.

Opting out occurs at each point where the user has the opportunity to volunteer personal information on the MyPrimeTime Web site. The user will be given the option to opt-out of receiving any promotional or other marketing information from MyPrimeTime or any other third party. So, even if you initially choose to opt in, or not to opt-out of receiving such material, you may always opt-out of the receipt of additional materials later. MyPrimeTime also gathers certain non-personal information regarding users as a consequence of maintaining the operation of the myprimetime.com Web site. The standard operation of myprimetime.com's Internet servers requires the collection of certain non-personal information of its users.

Cookies may be used on the Web site in the operation of our Web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. The cookie tracks an individual's usage of the site to facilitate things such as site improvements, customized services for the user and targeted advertising. For example, a cookie might allow a Web site to keep track of which message board posts you have read, so you can be alerted to new posts that have been added since your last visit. Separately, MyPrimeTime cannot control the use of cookies or the resulting information by third parties that host myprimetime.com data. Most browsers have a feature that can be used to disable cookies if a user does not want cookies to be used on them.

Statistical analyses of user behavior and characteristics may be performed from time to time by MyPrimeTime in order to measure interest in and use of the various areas of the myprimetime.com Web site. This information may be disclosed to third parties; however, such information will only be provided in aggregated form, non-personal form. MyPrimeTime may also use this aggregated information to inform advertisers of the usage of the myprimetime.com Web site and the number of users that have been exposed to or clicked on their advertising banners. Also, MyPrimeTime may allow other parties to offer various services on the MyPrimeTime Web site. MyPrimeTime is not responsible for actions taken by these parties and the user should take the time to review any such third party's privacy policy.

Tracking and Reporting of MyPrimeTime's content as and when it is viewed on other Web sites may be done by a "distributed information management software program" that MyPrimeTime licenses from a third party. MyPrimeTime may do this to confirm provisions in contracts that require MyPrimeTime's content to be placed on various other Web sites. If it does so, MyPrimeTime will treat all such information confidentially, will not disclose any of the information to any other party, and will take all commercially reasonable measures to maintain the confidentiality of the information. This does not preclude MyPrimeTime from disclosing such information under a court order or a regulatory agency's order. Cookies may be placed on visitors to these other Web sites during this tracking process to enable collection of data regarding views of MyPrimeTime's content on those other Web sites. That information may be shared with respective current or potential advertisers and business partners, but only in aggregated, non-personal form.

Our Privacy Policy first became effective September 30, 1999. We finished this comprehensive revision September 15, 2000. MyPrimeTime may change this policy at any time upon notification to the users. This privacy policy does not create any contractual right on behalf of the user, MyPrimeTime or any other party. Notwithstanding anything else provided herein, MyPrimeTime reserves the right to contact users regarding their account status and other matters relevant to our service. Any visitor to the MyPrimeTime Web site who voluntarily provides information to MyPrimeTime agrees that MyPrimeTime has unlimited rights to such information as provided, and that MyPrimeTime may use such information in any way MyPrimeTime chooses, subject to the general conditions described in these Terms and Conditions.

Proprietary Rights belong to MyPrimeTime. All materials on this Web site are the property of MyPrimeTime or others, unless otherwise specified. Without MyPrimeTime's prior written permission, you may not copy, modify, display, archive or prepare derivative works based upon the materials on this site, or use the material on the site for any commercial purpose.

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 also be subject to other proprietary rights reserved by MyPrimeTime or a third party and they are not licensed hereunder. All rights not expressly granted herein are reserved.

MyPrimeTime's Community includes chat and discussion boards. When you chat or join discussions, you agree to abide by all these Terms and Conditions. We want our Community to be a safe, comfortable, and friendly environment. We can remove any messages or solicitations that do not meet the standards of these Terms and Conditions. MyPrimeTime reserves the right to immediately terminate a user's registration if we become aware and determine that the user is violating any of these Terms and Conditions or any of the chat and discussion board guidelines as enumerated below:

Commercial solicitation, chain letters, junk mail, "spam", non-commercial or bulk solicitation is prohibited.

Threatening harassing, libelous, defamatory, vulgar, profane, obscene, abusive, harmful, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature, is prohibited.

Unlawful material, or any material that encourages or promotes conduct that constitutes a criminal offense, or might give rise to civil liability or otherwise violate any applicable local, state, Federal or international law or regulation, or encourage the use of controlled substances, is prohibited. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Deletion of any such material as described above is the right of MyPrimeTime and MyPrimeTime will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms and Conditions or use the MyPrimeTime site.

Illegal materials, in the form of text, graphics, video, audio or emails, are prohibited.

Do not copy excerpts of articles from copyrighted sources into the discussions or chats. Instead, offer a link or summarize the article, even including a few sentences in quotes, with the source noted. Copyright infringement is a violation of United States law.

MyPrimeTime does not have any liability with regard to Community. In fact, MyPrimeTime specifically disclaims any liability with regard to Community, any content therein, and any actions that result from your participation in any chat, discussion or other Community activities. Hosts are independent contractors, not employees of MyPrimeTime, and they are not MyPrimeTime spokespersons. Any views of Hosts are their own, and do not necessarily reflect the views of MyPrimeTime, or any employees of MyPrimeTime.

Posted material, including any content submitted by any user, including a user's name, to any area of MyPrimeTime's Community (including chat rooms, message and discussion boards, forums, contests and sweepstakes) becomes the property of MyPrimeTime when it is submitted. That is, by submitting content of any sort, the user grants MyPrimeTime and its affiliates, a royalty-free, perpetual, world-wide, irrevocable, non-exclusive right (including any moral rights), and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, archive, compile and organize and make available in a data base, distribute, syndicate, perform and display (in whole or in part), or incorporate in any form, media, or technology now known or later developed. The user also agrees to permit any subscriber to access, display, view, store, and reproduce such content for personal use.

Sharing the Community's contributions may occur regularly. MyPrimeTime is proud of the quality of the discussion and chats, proud of the "celebrities" and just plain smart folk who make our user base and contribute to the Community. We may use the chats and discussions in books, newspapers or magazines, radio or television programs, as well as on our site and in our emails. If we choose to post something of yours, we may credit you - making you a "published author"!

Chats and posts to discussion boards are public. We recommend that you select a user name that does not include your last name. In addition, for your protection, do not post your real email address in the public areas of Community. In both our chats and discussions, you are able to send private messages to other members. If you want to exchange email addresses, you should do so using private messages.

Standard editing rights are also retained by MyPrimeTime. This includes final editing rights over all the content, no obligation to post or not post any content, the right to remove any content, and change or discontinue its Web site at any time in its sole discretion. MyPrimeTime reserves the right to put standard disclaimers on the Web site's content, including the Community sites, chat and discussion. MyPrimeTime may also include a statement on any page that the views, opinions, ideas, suggestions, or recommendations expressed or appearing on any page are not necessarily those of MyPrimeTime. The absence of such a statement does not in any way mean that those views, opinions, ideas, suggestions, or recommendations are those of MyPrimeTime.

The accuracy or completeness of any information on the MyPrimeTime Web site or provided in connection with the MyPrimeTime Community or from any "expert" or Host is not the responsibility of MyPrimeTime and may not reflect the views of MyPrimeTime. Users are warned to proceed at their own risk.

Legal, medical, counseling or other professional services or advice are not services or advice from MyPrimeTime. MyPrimeTime, in fact, is not providing any legal, medical, counseling or other professional services or advice. In fact, and this is very important, MyPrimeTime encourages you to seek appropriate professional advice or care for any situation or problem you may have.

Termination of a user's ability to access certain portions of the MyPrimeTime Web site is at MyPrimeTime's discretion. For example, MyPrimeTime reserves the right to terminate your e-mail account if MyPrimeTime learns that you have provided MyPrimeTime with false or misleading registration information. MyPrimeTime may, immediately and without notice, suspend or terminate these Terms and Conditions of Service or your registration with or ability to access the myprimetime.com Web site or the MyPrimeTime Community and/or any other service provided to you by MyPrimeTime, including any e-mail account.

Contests and sweepstakes are held regularly on the MyPrimeTime Web site. We always publish Official Rules and a link to our Privacy Policy on any contest or sweepstakes page. It is always important to read the Official Rules for any contest or sweepstakes you enter.

A winner may be identified as the contributor of any content that you submit to any contest or sweepstakes promotion on MyPrimeTime. It depends upon the contest and the Official Rules and the Affidavit of Eligibility. For most contests, a winner must sign an Affidavit of Eligibility to receive the prize. That affidavit is required so that MyPrimeTime can be assured that the winner meets the requirements of the contest. Very often the affidavit also allows MyPrimeTime to use the winner's name in promoting the MyPrimeTime Web site or the next MyPrimeTime contest, for example.

Warranties, Disclaimers and Limitations on Liability are very important to MyPrimeTime. ALL OF THE INFORMATION ON THIS SITE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL MYPRIMETIME BE LIABLE TO ANY PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHETHER INCURRED BY YOU OR A THIRD PARTY, WHICH MAY RESULT FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This site may include inaccuracies or typographical errors. Information on this site and any products or services to which this site refers may be changed at any time without notice. MyPrimeTime makes no representations whatsoever about any other Web site which you may access through this site.

Products and Services that users access from the MyPrimeTime Web site are not the responsibility of MyPrimeTime and MyPrimeTime specifically disclaims any responsibility for their use, and any warranties, guaranties or promises. MYPRIMETIME MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MYPRIMETIME OR ANY TRANSACTIONS ENTERED INTO THROUGH MYPRIMETIME.

Order and Payment Information for specific products will be posted on the Order Form on each Order Page. A MyPrimeTime user generally must fill out an Order Form on the MyPrimeTime Web site to order the product. MyPrimeTime collects and secures all the information from the Order Forms and generally transmits that information to a third party fulfillment center. The information about orders and payment options on each Order Page applies to those product sales. The following information is general information about purchasing products through the MyPrimeTime site that may provide additional help for our users. When in doubt about your specific order, use the Order and Payment Information from the specific Order Form and Order Page on which you placed your order.

Customer Fulfillment, that is, the packing, handling and shipping of all products and credit card processing, returns, cancellations, address changes, and complaints is usually handled by a third party fulfillment center. Either MyPrimeTime or the product's manufacturer, or marketer, will have a contractual relationship with a fulfillment center to meet all reasonable customer requests. Customer satisfaction will always be very important to MyPrimeTime, even if it is not our legal responsibility, and we encourage our users to copy us on any complaints or compliments they send to the customer help desks at the fulfillment centers. We at MyPrimeTime want to know what kind of job vendors, manufacturers, fulfillment centers or any other third party providers are doing for MyPrimeTime users.

Payment Options for products ordered through the MyPrimeTime site generally include Visa, MasterCard, American Express and Discover credit cards and cashier's checks, money orders, company checks and personal checks. All prices are in U.S. dollars unless specified differently in the specific Order Form. MyPrimeTime reserves the right to require additional forms of identification prior to processing any order. Failure to provide requested information in a suitable and timely fashion will result in order cancellation.

Surcharges are not usually billed for the use of credit cards. Your card will usually not be billed until after one or more of the products ordered have been shipped. All credit card orders placed on products in stock are generally processed before midnight EST on the following business day, subject to credit approval and product availability. All orders processed by check or money order will generally be processed 5-8 business days after receipt of your check.

Orders paid by check or means other than a credit card are subject to product availability change while your payment is in transit or funds are being cleared, and MyPrimeTime or a fulfillment center usually cannot reserve products or guaranty continued availability of any particular product. All checks returned unpaid will be subject to a $25.00 fee. If you pay by check or money order, the check or money order must be sent along with a printout of your order to the address specified on the Order Page for the specific product. Remember to include the specific name of the product. This is to avoid confusion. Sometimes the same fulfillment center will handle more than one product offered on the MyPrimeTime Web site. And remember to take down the customer service phone number that is usually provided by the fulfillment center. This is how you will be able to track your order.

Installment payments or multi-pay options are generally not available.

Return Merchandise Policy generally allows you to return a product for a full refund, less all shipping and handling charges, if returned within 30 days of receipt.

Security, yours and ours, is extremely important to all of us at MyPrimeTime. MyPrimeTime makes this commitment to our users: Your personally identifiable information is safe and secure when you purchase online through the MyPrimeTime Web site. All your transactions - including your name, address and credit card number, are protected by powerful Secure Sockets Layer (SSL) encryption technology, as well as the Private Communication Technology (PCT) security standards supported by Microsoft Internet Explorer 4.0, 5.0, and other popular browsers. SSL encrypts all the information you give us, including your credit card number, name, shipping and billing address, and phone number before the information travels over the Internet. For detailed information on encrypting, you can click on the "Security" button on your Netscape browser. If you use Internet Explorer, click on "Tools", then "Internet Options", and then "Security" for additional information. To ensure that your information is even more secure, once we receive your personally identifiable information during a purchase transaction, MyPrimeTime encrypts it and stores it on a MyPrimeTime server that is not accessible from the Internet.

Cancellation Fees are often imposed to offset all shipping, handling and order processing costs. Credit is issued (less the applicable shipping and handling costs). The cancellation fee and the costs for returning merchandise vary from product to product. Please read the specific Order and Payment terms for the product you ordered to determine the amount of the charges.

Customer Inquiries are generally handled by the third party fulfillment center or the product manufacturer. Remember, MyPrimeTime usually does not own any of these products, but merely hosts an advertisement or promotion page, or serves an Order Form or acts as an agent to facilitate purchases by our users of someone else's products. Please read the specific Order and Payment terms for the product you ordered to find out how customer inquiries are answered for that product.

An important disclaimer is that the liability of MyPrimeTime for losses or damages, arising out of any cause whatsoever, is limited to full refund of the purchase price or at our option or the option of the fulfillment center, repair or replacement of the product(s). MyPrimeTime shall not be liable for any consequential or incidental damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. MyPrimeTime does not make these products, or guarantee them or warranty them for any particular purpose. MyPrimeTime generally does not pack or ship the products; usually MyPrimeTime depends upon the fulfillment center used by the particular manufacturer or owner of the product for all customer fulfillment and satisfaction. Information about how to contact the fulfillment center is usually found on the specific Order Form or Order Page.

Sales Tax is usually charged by MyPrimeTime, as applicable, on all items delivered to residents of states in which the manufacturer or owner of the product has a taxable nexus. MyPrimeTime uses a third party software program to calculate whether any purchase requires the addition of taxes. MyPrimeTime does not sell to persons who live outside the United States or require the fulfillment center to ship products to persons who live outside the United States. Receipt of an e-mail order confirmation does not constitute the acceptance of an order or act as a confirmation of an offer to sell. MyPrimeTime or the product's manufacturer or owner may or may not send out email confirmations.

Receipt of an e-mail order confirmation does not constitute the acceptance of an order or act as a confirmation of an offer to sell. MyPrimeTime or the product's manufacturer or owner may or may not send out email confirmations.

Typographical Errors sometimes occur in the transmission of information from one Web site to another. MyPrimeTime is not responsible for typographical errors or omissions relating to pricing, copy, photography or application.

Copyright laws protect all interactive product content appearing on the MyPrimeTime Web site, generally including the information you may see on MyPrimeTime product Order Forms or Order Pages. Copyright of all information appearing on this site is held by MyPrimeTime, Inc., or by the owners of the products contained herein. None of the content may be copied, reproduced, transmitted, published, modified or distributed in any form without prior written permission. All rights are reserved.

Delivery of products usually takes at least one to three (1-3) weeks, and may take longer, subject to the nature of the product itself, or the method of shipment, or order verification, and credit or payment approval. Some products or fulfillment centers may provide for priority mail that would take less time. This is another area where it is very important to check the specific terms of the Order and Payment information provided for a specific product. Transportation charges are usually based on gross weight or volume charges, whichever is greater.

The Customer Fulfillment Center will usually assist customers to achieve a shipping charge refund on any package failing to meet estimated shipping times specified in a particular Order Form. Exceptions to carriers' policy do exist, including extreme weather conditions and problems not within the shipper's control. For more detailed information, please refer to each carrier's own written service guarantees, usually found in online Web sites.

Shipping Address Information is hard to change once a fulfillment center has processed an order. You should contact the fulfillment center as provided in the specific Order Form if you want to make a change in an address (such as adding a missing apartment or suite number, or revising a street number, for example). Should you require a complete change of "Ship To" information, you may be required to resubmit your order and the fulfillment center may have to re-verify the billing and payment information. All this may also add to the shipping time. Most fulfillment centers (and MyPrimeTime) reserve the right to refuse shipment to temporary addresses (including hotel or motel guests) without prior payment in full by credit card, certified check or money order and a signed facsimile authorizing the same. You may check with the customer care representative at the fulfillment center specified on the specific Order Form to see if there is are exceptions to this general rule for the specific product you are ordering. Orders with different billing and shipping addresses may be delayed by as much as 24-48 hours to complete fraud protection proceedings. We encourage our customers to use the same billing address for shipping, as it speeds up the shipping process. Products generally cannot be shipped to any P.O. Box address or APO address.

Remember, Products and Services that users access from the MyPrimeTime Web site are not the responsibility of MyPrimeTime and MyPrimeTime specifically disclaims any responsibility for their use, and any warranties, guaranties or promises. In general, MYPRIMETIME MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MYPRIMETIME OR ANY TRANSACTIONS ENTERED INTO THROUGH MYPRIMETIME.

Our disclaimer for any products or services that a user may access through the MyPrimeTime Web site is for every product and services opportunity. Sometimes a version of the disclaimer is on the same page as the product or service or the Order Page, but you should know that at a minimum our disclaimer includes the following provisions:
MyPrimeTime does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, linked to, downloaded or accessed from the MyPrimeTime Web site (the "Platform"), nor the quality or price of products or services (collectively, the "Products") or Materials displayed, offered for sale, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services offered through the Platform (the "Services"). For more information:
You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. MyPrimeTime reserves the right, in its sole discretion and without any obligation, to modify the Site, Materials, Products or Services at any time without notice.

THE PLATFORM, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND MYPRIMETIME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL MYPRIMETIME BE LIABLE WITH RESPECT TO THE PLATFORM, PRODUCTS, SERVICES, OR MATERIALS (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING (WITHOUT LIMITATION), LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

MyPrimeTime encourages you to exercise discretion while browsing the Internet using the Platform or the Services. The Platform, Products or Services may direct you to sites containing information that some people may find offensive or inappropriate. MyPrimeTime makes no representations concerning any content of sites accessed through the Platform or any of the Materials, and MyPrimeTime will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in sites accessed through the Platform or Materials.

Indemnification provisions in most contracts with third parties further protect MyPrimeTime and make it clear that it is the product manufacturers, vendors, or distributors, or the providers of products or services that are responsible to MyPrimeTime users. MyPrimeTime merely provides the Web page or acts as an agent or sells the commercial space for the advertisement. Standard indemnification provisions in these third party contracts may include language like the following:

Merchant agrees to indemnify, defend and hold MyPrimeTime, its affiliates, officers directors, consultants and agents harmless from and against all losses, damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, awarded against or paid in settlement by the indemnified party resulting from any third party claim ("Losses") arising from (i) Merchant's Products or Content supplied by Merchant, in writing, or (ii) any breach on the part of Merchant of the representations, warranties and covenants included in this Agreement.

MyPrimeTime agrees to indemnify, defend and hold Merchant, its affiliates, officers directors, consultants and agents harmless from and against all Losses relating to (i) any claim relating to the operation and of the MyPrimeTime site, (ii) a claim that any element of the Site infringes, misappropriates or violates the Intellectual Property Rights of any third party, or (iii) any breach or alleged breach on the part of MyPrimeTime of the representations, warranties and covenants included in this Agreement.

The party seeking indemnification (the "Indemnified Party") will give prompt written notice to the other party (the "Indemnifying Party"). In addition, the Indemnified Party will allow the Indemnifying Party to direct the defense and settlement of any such claim, with counsel of the Indemnifying Party's choosing, and will provide the Indemnifying Party, at the Indemnifying Party's expense, with information and assistance that is reasonably necessary for the defense and settlement of the claim. The Indemnified Party reserves the right to retain counsel, at the Indemnified Party's sole expense, to participate in the defense of any such claim. The Indemnifying Party shall not settle any such claim or alleged claim without first obtaining the Indemnified Party's prior written consent, which consent shall not be unreasonably withheld, if the terms of such settlement would adversely affect the Indemnified Party's rights under this Agreement.


Warranties that protect MyPrimeTime are also standard in most contracts, either explicitly or implicitly. For example, MyPrimeTime and the other party to the contract may warrant:

The Services each owes the other will be performed in a professional manner and that none of the Services or any part of this Agreement is or will be inconsistent with any obligation either party may have to others;

All work under this Agreement shall be the parties' original work and none of the Services or Inventions or any development, use, production, mark, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity; (iii) Each party has the full right and legal authorities to proceed with the provisions of the Agreement;

THE WARRANTIES STATED IN THIS AGREEMENT ARE EXCLUSIVE AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO ANY MATTERS IN THIS AGREEMENT, INCLUDING THE PARTIES' COMPUTING AND DISTRIBUTION SYSTEM OR ANY OTHER COMPUTER OR TECHNICAL RESOURCES PROVIDED BY EITHER PARTY;

That, except as otherwise provided herein, the parties do not warrant the accuracy or completeness of any information contained in the Services and/or provided pursuant to this Agreement and MyPrimeTime shall not be liable in any manner to Merchant based on any use of the information provided under this Agreement; and,

Merchant specifically warrants that any advertising and statements of any kind about its product or use of the product that appear on the MyPrimeTime Web site, or any co-branded page, or on any order form or any other Web page served by MyPrimeTime meet all applicable Federal Trade Commission requirements, as well as all other applicable state and Federal laws and regulations.
If you download data or material from the MyPrimeTime Web site, you do so at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

Sites linked to this site are not under the control of MyPrimeTime, and MyPrimeTime is not responsible for the contents of any linked site or any link contained in a linked site or any changes to such sites. Such links are provided only as a convenience, and the inclusion of a link does not in any way imply MyPrimeTime's endorsement of the linked site.

Intellectual Property, that is MyPrimeTime's copyrights, trademarks and other intellectual and proprietary rights (taken together, "Rights") are valid and protected in all media and technologies existing now or later developed. MyPrimeTime permits its users access to these Rights but these Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. Users may not post, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to such Rights. The burden of determining that any information, software, images or any other content of MyPrimeTime or the myprimetime.com site rests on the user. In addition, these Rights include the use by MyPrimeTime of the posted materials described in these Terms and Conditions.

Trademarks and Copyrights are important legal protections for MyPrimeTime. MyPrimeTime, myprimetimeTV, yourprimetime, PrimeTime Minutes, Tips for Tightwads, and Prime Movers are examples of MyPrimeTime trademarks. MyPrimeTime may have other trademarks, too, and may add to the list of its protected trademarks from time to time. Other trade names, trademarks, logos, and service marks on this site may be the property of their respective owners.

Copyrights and Copyright Agent notice is provided here as required: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyPrimeTime's Copyright Agent & Counsel (or counsel@myprimetime.com) with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (1) 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; (4) Information reasonably sufficient to permit us to contact the complaining party; (5) 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, (6) 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.

Notification of MyPrimeTime's Copyright Agent & Counsel for notice of claims of copyright infringement on or regarding this site can be done as follows: Copyright Agent & Legal Counsel, c/o MyPrimeTime, Inc. 410 Jessie St., Suite 300 San Francisco, CA 94103-1835, (phone) 415-932-3900, (fax) 415-615-9017 or send an email to counsel@myprimetime.com . This is posted on our home page:

Copyright 1999-2001 MyPrimeTime, All Rights Reserved. MyPrimeTime and the other MyPrimeTime products on this site are trademarks of MyPrimeTime, Inc. The names of other companies and their products mentioned on this site may be the trademarks of their respective owners.

California law applies to all matters relating to the use of this Web site. By accessing this Web site, you and MyPrimeTime agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Conflicts between these Terms and Conditions and any law under which they are to be construed should be resolved so that a provision of the Terms and Conditions is restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and in any case, the remainder of these Terms and Conditions will remain in full force and effect.

Waiver or relinquishment of any party's right to assert or rely upon a provision does not depend upon the failure of a party to insist upon or enforce strict performance by the other party.

Modification of these Terms and Conditions or of the MyPrimeTime services or Web site may occur at any time in MyPrimeTime's sole discretion. It is your responsibility as a user to read these Terms and Conditions from time to time to determine whether you still agree to abide by them. In addition, if any material changes occur, MyPrimeTime may, but is not required to, post a notice of such changes where relevant or applicable on the Web site. Any time a user logs on to the MyPrimeTime Web site, the user will be deemed to have accepted any such changes.

MyPrimeTime may assign its rights and obligations under these Terms and Conditions and upon such assignment MyPrimeTime may be relieved of any further obligation hereunder.

Questions about any of these Terms and Conditions may be sent to counsel@myprimetime.com.


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Copyright 1999-2001 MyPrimeTime, All Rights Reserved.
MyPrimeTime and the other MyPrimeTime products on this site are trademarks of MyPrimeTime, Inc. The names of actual companies and their products mentioned on this site may be the trademarks of their respective owners.

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