Terms of Service:
The
following terms and conditions govern all use of the Prime Health Tipz website
and all content, services, and products available at or through the website
(taken together, the Website). The Website is owned and operated by Prime
Health Tipz ("Prime Health Tipz"). The Website is offered subject to
your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without
limitation, Prime Health Tipz Privacy Policy) and procedures that may be
published from time to time on this Site by Prime Health Tipz (collectively,
the "Agreement").
Please read
this Agreement carefully before accessing or using the Website. By accessing or
using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by Prime Health
Tipz, acceptance is expressly limited to these terms. The Website is available
only to individuals who are at least 13 years old.
- Your Prime Health Tipz Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others and Prime Health Tipz may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Prime Health Tipz liability. You must immediately notify Prime Health Tipz of any unauthorized uses of your blog, your account or any other breaches of security. Prime Health Tipz will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and
use of the Content will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to
intellectual property you create, you have either (i) received permission
from your employer to post or make available the Content, including but
not limited to any software, or (ii) secured from your employer a waiver
as to all rights in or to the Content;
- you have fully complied with
any third-party licenses relating to the Content, and have done all
things necessary to successfully pass through to end users any required
terms;
- the Content does not contain or
install any viruses, worms, malware, Trojan horses or other harmful or
destructive content;
- the Content is not spam, is not
machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party
sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
- the Content is not
pornographic, does not contain threats or incite violence towards
individuals or entities, and does not violate the privacy or publicity
rights of any third party;
- your blog is not getting
advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods;
- your blog is not named in a
manner that misleads your readers into thinking that you are another
person or company. For example, your blog's URL or name is not the name
of a person other than yourself or company other than your own; and
- you have, in the case of
Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether
requested to do so by Prime Health Tipz or otherwise.
By submitting Content
to Prime Health Tipz for inclusion on your Website, you grant Prime Health Tipz
a world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your blog. If you delete Content, Prime Health Tipz
will use reasonable efforts to remove it from the Website, but you acknowledge
that caching or references to the Content may not be made immediately
unavailable.
Without limiting any of
those representations or warranties, Prime Health Tipz has the right (though
not the obligation) to, in Prime Health Tipz sole discretion (i) refuse or
remove any content that, in Prime Health Tipz reasonable opinion, violates any Prime
Health Tipz policy or is in any way harmful or objectionable, or (ii) terminate
or deny access to and use of the Website to any individual or entity for any
reason, in Prime Health Tipz sole discretion. Prime Health Tipz will have no
obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Prime Health Tipz the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. - Automatic Renewal.
Unless you notify Prime Health Tipz before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Prime Health Tipz in writing. - Services.
- Fees; Payment. By signing up for a Services account you agree to
pay Prime Health Tipz the applicable setup fees and recurring fees.
Applicable fees will be invoiced starting from the day your services are
established and in advance of using such services. Prime Health Tipz
reserves the right to change the payment terms and fees upon thirty (30)
days prior written notice to you. Services can be canceled by you at
anytime on thirty (30) days written notice to Prime Health Tipz.
- Support. If
your service includes access to priority email support. "Email
support" means the ability to make requests for technical support
assistance by email at any time (with reasonable efforts by Prime Health
Tipz to respond within one business day) concerning the use of the VIP
Services. "Priority" means that support takes priority over
support for users of the standard or free Prime Health Tipz services. All
support will be provided in accordance with Prime Health Tipz standard
services practices, procedures and policies.
- Responsibility of Website Visitors. Prime Health Tipz has not
reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for
that material's content, use or effects. By operating the Website, Prime
Health Tipz does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. The Website may contain
content that is offensive, indecent, or otherwise objectionable, as well
as content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the
privacy or publicity rights, or infringes the intellectual property and
other proprietary rights, of third parties, or the downloading, copying or
use of which is subject to additional terms and conditions, stated or
unstated. Prime Health Tipz disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any downloading
by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and
cannot review, all of the material, including computer software, made
available through the websites and webpages to which Prime Health Tipz
links, and that link to Prime Health Tipz. Prime Health Tipz does not have
any control over those non-Prime Health Tipz websites and webpages, and is
not responsible for their contents or their use. By linking to a non-Prime
Health Tipz website or webpage, Prime Health Tipz does not represent or
imply that it endorses such website or webpage. You are responsible for
taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Prime Health Tipz disclaims any responsibility for
any harm resulting from your use of non-Prime Health Tipz websites and
webpages.
- Copyright Infringement and DMCA Policy. As Prime Health Tipz asks
others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material
located on or linked to by Prime Health Tipz violates your copyright, you
are encouraged to notify Prime Health Tipz in accordance with Prime Health
Tipz Digital Millennium Copyright Act ("DMCA") Policy.
Prime Health Tipz will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links
to the infringing material. Prime Health Tipz will terminate a visitor's
access to and use of the Website if, under appropriate circumstances, the
visitor is determined to be a repeat infringer of the copyrights or other
intellectual property rights of Prime Health Tipz or others. In the case
of such termination, Prime Health Tipz will have no obligation to provide
a refund of any amounts previously paid to Prime Health Tipz.
- Intellectual Property. This Agreement does not transfer from Prime
Health Tipz to you any Prime Health Tipz or third party intellectual
property, and all right, title and interest in and to such property will
remain (as between the parties) solely with Prime Health Tipz. Prime
Health Tipz, Prime Health Tipz, the Prime Health Tipz logo, and all other
trademarks, service marks, graphics and logos used in connection with Prime
Health Tipz, or the Website are trademarks or registered trademarks of Prime
Health Tipz or Prime Health Tipz licensors. Other trademarks, service
marks, graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any Prime Health Tipz or
third-party trademarks.
- Advertisements. Prime
Health Tipz reserves the right to display advertisements on your blog
unless you have purchased an ad-free account.
- Attribution. Prime
Health Tipz reserves the right to display attribution links such as 'Blog
at Prime Health Tipz,' theme author, and font attribution in your blog
footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme)
from one of our partners, you agree to that partner's terms of service.
You can opt out of their terms of service at any time by de-activating the
partner product.
- Domain Names. If
you are registering a domain name, using or transferring a previously
registered domain name, you acknowledge and agree that use of the domain
name is also subject to the policies of the Internet Corporation for
Assigned Names and Numbers ("ICANN"), including their Registration
Rights and Responsibilities.
- Changes. Prime
Health Tipz reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check
this Agreement periodically for changes. Your continued use of or access
to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. Prime Health Tipz may also, in
the future, offer new services and/or features through the Website (including,
the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Prime Health Tipz may terminate your access to all
or any part of the Website at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate this
Agreement or your Prime Health Tipz account (if you have one), you may
simply discontinue using the Website. Notwithstanding the foregoing, if
you have a paid services account, such account can only be terminated by Prime
Health Tipz if you materially breach this Agreement and fail to cure such
breach within thirty (30) days from Prime Health Tipz notice to you
thereof; provided that, Prime Health Tipz can terminate the Website immediately
as part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided
"as is". Prime Health Tipz and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither Prime Health Tipz nor its
suppliers and licensors, makes any warranty that the Website will be error
free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Prime
Health Tipz, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by
you to Prime Health Tipz under this agreement during the twelve (12) month
period prior to the cause of action. Prime Health Tipz shall have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by
applicable law.
- General Representation and Warranty. You represent and warrant
that (i) your use of the Website will be in strict accordance with the Prime
Health Tipz Privacy Policy, with this Agreement and with all applicable
laws and regulations (including without limitation any local laws or
regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property
rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Prime
Health Tipz, its contractors, and its licensors, and their respective
directors, officers, employees and agents from and against any and all
claims and expenses, including attorneys' fees, arising out of your use of
the Website, including but not limited to your violation of this
Agreement.
- Miscellaneous. This
Agreement constitutes the entire agreement between Prime Health Tipz and
you concerning the subject matter hereof, and they may only be modified by
a written amendment signed by an authorized executive of Prime Health Tipz,
or by the posting by Prime Health Tipz of a revised version. Except to the
extent applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of the
California U.S.A, excluding its conflict of law provisions, and the proper
venue for any disputes arising out of or relating to any of the same will
be the state and federal courts located in u.s.a. Except for claims for
injunctive or equitable relief or claims regarding intellectual property
rights (which may be brought in any competent court without the posting of
a bond), any dispute arising under this Agreement shall be finally settled
in accordance with the Comprehensive Arbitration Rules of the Judicial
Arbitration and Mediation Service, Inc. ("JAMS") by three
arbitrators appointed in accordance with such Rules. The arbitration shall
take place in Bahrain, in the English language and the arbitral decision
may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and
attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties'
original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and agrees to
be bound by, its terms and conditions; Prime Health Tipz may assign its
rights under this Agreement without condition. This Agreement will be
binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.
0 Comments