Terms of Use
By using our Merchant Panel, you agree to the following terms and conditions and any product policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service").
You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms of Service. If You are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms of Service. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms or Service.
In order to use our services, you are required to provide current, accurate identification, contact, and other information as part of the registration process for a Merchant Account and/or continued use of the services You are responsible for maintaining the confidentiality of your Account password, and are responsible for all activities that occur under your account. PrimetimeCall cannot and will not be liable for any loss or damage arising from your failure to comply with agreement. PrimetimeCall reserves the right to refuse service to anyone at any time without notice for any reason.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
You agree that you are responsible for your own conduct and Content while using Merchant Panel and for any consequences thereof. You agree to use Merchant Panel only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Merchant Panel, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
remove any copyright, trademark or other proprietary rights notices contained in;
use any robot, spider, site search/retrieval application, or other device to retrieve information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored;
create user accounts by automated means or under false or fraudulent pretenses; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
While prohibits such conduct and Content in connection with Merchant Panel, you understand and agree that TotalMedia may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to Merchant Panel.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
By using Merchant Panel, you acknowledge and agree that we may access, preserve, and disclose your Merchant Account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of TotalMedia, its users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under the Terms of Service.
You understand that the technical processing and transmission of PrimetimeCall services, including your data or Content, may involve (a) transmissions over various networks, national and international; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR PRIVACY POLICY
If, in connection with your use of Merchant Panel, you collect personal information from third parties, then you must post and abide by an appropriate privacy policy and will comply with all applicable privacy laws.
PROPRIETARY RIGHTS
You acknowledge and agree that Merchant Panel and any necessary software used in connection with services ("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 our services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Primetimecall.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our services or the Software, in whole or in part.
Your Rights
You, or a third party licensor, as appropriate, retain any intellectual property rights in the Content you submit. By submitting Content on or through the Service, you grant PrimetimeCall.com, under those intellectual property rights, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to distribute, reproduce, modify, perform and display and otherwise use the Content. Your Content may have been integrated into PrimetimeCall.com services as improvements or search results. This license is solely for the purpose of providing, promoting and improving site services.
POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES
It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law. For more information, please click here.
By submitting Content to Merchant Panel, you authorize PrimetimeCall.com to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with authorized
distribution of the Content.
SUBMISSION OF CONTENT
You may submit Content to Merchant Panel using various means, including product feeds or submissions through site entry form. You agree to submit Content in a manner that complies with the then-current specifications provided by Primetimecall to enable proper delivery and display of the Content. If the Content you submit contains URLs (or equivalent thereof), you agree that PrimetimeCall.com has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof in connection with PrimetimeCall.com authorized use of the Content.
MULTI-CLIENT ACCOUNTS OR SUBMITTING CONTENT ON BEHALF OF OTHERS
If you are submitting Content on behalf of one or more entities or persons ("third parties"), then you confirm and warrant that you are authorized to act on behalf and bind such entity(s) or persons to these Terms of Service.
If your application or site enables third parties, including end users, to provide content to Merchant Panel, it must clearly and conspicuously disclose to such third parties that their content will be provided to PrimetimeCall.com and made available to the general public through the Merchant Panel service. In connection with Merchant Panel, you may not use or share end user Merchant Panel Account information for any purpose other than to implement the authentication methods set forth in the documentation. If this Agreement is terminated for any reason, you agree to delete all end user Merchant Panel Account information, including but not limited to usernames and passwords.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Primetimecall.com has no responsibility or liability for the deletion or failure to store any Content, data, and other communications maintained or transmitted by our services.
MODIFICATIONS TO SERVICE
Primetimecall.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Merchant Panel service (or any part thereof) with or without notice. You agree that Primetimecall.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
TERMINATION
You may cancel your use of our services and/or terminate this Terms of Service with or without cause at any time.
Primetimecall.com may at any time and for any reason, including a period of account inactivity, terminate your access to our services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
ADVERTISEMENTS
Many Primetimecall.com services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Primetimecall.com on its services are subject to change. You agree that Primetimecall.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers.
LINKS
Primetimecall.com services may provide, or third parties may provide, links to other websites or resources. Because Primetimecall.com has no control over such sites and resources, you acknowledge and agree that Primetimecall.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Primetimecall.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
INDEMNITY
You agree to hold harmless and indemnify Primetimecall.com, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of services, violation of these Terms of Service or any other actions connected with use of services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Primetimecall.com will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
THE PRIMETIMECALL.COM SERVICES, AND ALL INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS." PRIMETIMECALL.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. PRIMETIMECALL.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRIMETIMECALL.COM SERVICES. PRIMETIMECALL.COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRIMETIMECALL.COM SERVICES. PRIMETIMECALL.COM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BEOMCE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PRIMETIMECALL.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRIMETIMECALL.COM SERVICES.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIMETIMECALL.COM OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRIMETIMECALL.COM SERVICES INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRIMETIMECALL.COM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ON ANY THRORY OF LIABILITY.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR DAMAGES ARISE FROM (A) YOUR MISUSE, RELIANCE ON, OR INABILITY TO USE THE PRIMETIMECALL.COM SERVICES; (B) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRIMETIMECALL.COM SERVICES; (C) GOODS, SERVICES, INFORMATION, ADVICE, OR MATERIAL DOWNLOADED, ACCESSED, RECEIVED, OR OBTAINED THROUGH THE PRIMETIMECALL.COM SERVICES; OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRIMETIMECALL.COM SERVICES. PRIMETIMECALL.COM AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PRIMETIMECALL.COM SERVICES SHALL NOT EXCEED FIFTY DOLLARS ($50). MULITPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. PRIMETIMECALL.COM LICENSORS WILL HAVE NO LIABILITY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
NOTICE
You agree that PRIMETIMECALL.COM may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on services.
