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Acceptance of Terms
agree to and are bound by the terms and conditions set forth below and in any modified or additional
terms that Primeprojects. ("Primeprojects") may publish from time to time (collectively, the "Terms
of Use"). If you do not agree to all of the
to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access
access or use this Site shall automatically terminate.
Intellectual Property; Limited License to Users
Subject to your compliance with these Terms
of Use, any applicable license agreement with Primeprojects, and the law, you may access and use the Site.
Primeprojects remains the sole owner of all right, title, and interest in the Site and reserves all rights
any part thereof at any time, for any reason, with or without notice, in Primeprojects’s sole discretion.
Primeprojects provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not
limited to Images, Footage, Music, and related metadata (collectively the "Primeprojects Content"), as well
as the selection and arrangement of the Primeprojects Content, are protected by copyright, trademark, patent,
trade secret and other intellectual property laws and treaties. Any unauthorized use of any Primeprojects
license agreement between you and Primeprojects, Primeprojects does not grant any express or implied
permission to use the Site or any Primeprojects Content. You agree not to copy, republish, frame, link to,
download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign,
distribute, display, perform, license, sublicense or reverse engineer the Site or any Primeprojects Content.
In addition, you agree not to use any data mining, robots or similar data and/or image gathering and
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Unless you enter into a license agreement
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You may not remove any watermarks or copyright
notices contained in the Primeprojects Content.
term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names,
Internet domain names, or other indications of origin now or in the future used by Primeprojects.
Nothing contained herein grants or shall be
construed to grant you any rights to use any Primeprojects Trademark, unless expressly conferred by these
You agree that you will not use
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You agree that you will not contest or
otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or
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claimed by Primeprojects.
You agree that you will not use any
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domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming
code or data.
You may not at any time, adopt or use,
without Primeprojects's prior written consent any word or mark which is similar to or likely to be confused
with Primeprojects's Trademarks.
The look and feel of the Primeprojects
website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or
trademark or service mark of Primeprojects and may not be copied, imitated or used, in whole or in part,
without the prior written consent of Primeprojects.
All other trademarks, product names, and
company names or logos used or appearing on the Primeprojects website are the property of their respective
owners. Reference to any products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof by Primeprojects, unless expressly so stated.
You may not use a Primeprojects trademark,
logo, Image or other proprietary graphic of Primeprojects to link to the Primeprojects website without the
prior written consent of Primeprojects.
You may not frame or hotlink to the Primeprojects
website or any Image without the prior written consent of Primeprojects.
Information You Provide
Primeprojects (or third parties acting on
its behalf) may collect information related to your use of the Site. Third-party platforms through which you
access the Site may collect information related to your use of such third-party platform and make such
information available to Primeprojects subject to your agreement with the applicable third-party platform.
Primeprojects will use and protect your personal
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For any image, footage, text, audio, or any
other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you
have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii)
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respect to Your Content; (iii) Your Content does not infringe any third party's rights, including
all applicable laws.
By uploading Your Content, you grant
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distribute, publicly perform and display (through all media now known or hereafter created), and make
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the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The
above licenses will continue unless and until you remove Your Content from the Site, in which case the
licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the
license for legal archival/preservation purposes will continue indefinitely.
You may not upload, post, or transmit any
video, image, text, audio recording, or other content that:
third party's copyrights or other intellectual property rights or any right of publicity or privacy;
pornographic, defamatory, or otherwise unlawful or immoral content.
unlawful or violent acts;
cruelty or violence towards animals;
fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
law, statute, or regulation.
You may not use any Primeprojects Content for any
purpose without first obtaining a license to use such Primeprojects Content. Any use of Primeprojects Content
by you shall be governed by the applicable license agreement separately entered into between you and
Primeprojects. Displaying and/or distributing to the public any watermarked or unlicensed Primeprojects
Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Infringement Claims / DMCA Notices
If you believe that any Image or other material made
available by Primeprojects infringes upon any copyright that you own or control, you may notify Primeprojects.
You agree that you shall not:
Engage in any
conduct that shall constitute a violation of any law or that infringes the rights of Primeprojects or
any third party.
applicable laws or regulations related to the access to or use of the Site, or engage in any
rights of Primeprojects or any third party (including rights of privacy and publicity) or abuse,
defame, harass, stalk or threaten another.
Restriction and Termination of Use
Primeprojects may block, restrict, disable, suspend
or terminate your access to all or part of the Site and/or Primeprojects Content at any time in
Primeprojects's discretion, without prior notice or liability to you. Any conduct by you that, in
Primeprojects’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the
Site is strictly prohibited and may result in the termination of your access to the Site without further
Links to Third Party Sites
In the event that the Site is available through
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convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption
Warranties and Disclaimers
Your use of the Site is at your own risk. The Site
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any kind, whether express or implied, to each and any service available from the Site, including,
but not limited to the implied warranties of merchantability, fitness for a particular purpose,
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foregoing, Primeprojects makes no warranty that: (i) the Site will meet your requirements; (ii)
access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations;
and (iv) any errors or defects in the site, services or materials will be corrected. Primeprojects
makes no representations or warranties that the Site will be permitted in your jurisdiction, that
any of Your Content submitted by you will be available through the Site or will be stored by the
Site, that the Site will meet your needs, or that Primeprojects will continue to support any
particular feature of the Site. To the extent any disclaimer or limitation of liability does not
apply, all applicable express, implied, and statutory warranties will be limited in duration to a
period of thirty (30) days after the date on which you first used the Site, and no warranties shall
apply after such period.
You agree to defend, indemnify and hold harmless
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Submitters and independent contractors against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your
representation or warranty contained herein, your unauthorized use of the Primeprojects Content, or your
violation of any rights of another.
Any controversy or claim arising out of or
relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered
under the Commercial Arbitration Rules of the American Arbitration Association or of the International
Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in
court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration
shall be the state and county of New York. The language of the arbitration shall be English. There shall be
one arbitrator. Each party shall bear its own costs in the arbitration. Primeprojects shall also have the
right to commence and prosecute any legal or equitable action or proceeding before any court of competent
jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of
Primeprojects, such action is necessary or desirable.
shall be construed in accordance with the laws of the State of New York, without respect to its conflict of
In the event of any conflict between these
against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.
enforceability of the balance hereof.