PREFIX’s Terms of Service
This Site, www.prefixmag.com, is operated by Prefix Media, LLC (“Prefix”). These SiteTerms apply exclusively to your access to, and use of, our Site so please read themcarefully. They do not alter in any way the terms or conditions of any other agreement youmay have with us for other products or services. The services offered by PREFIX includeany PREFIX-branded URL (the “PREFIX Website”), PREFIX live and archived streams,PREFIX instant messaging service, PREFIX application developer services and otherfeatures (for example, music and video embedded players), PREFIX mobile services, andany other features, content, or applications offered from time to time by PREFIX inconnection with PREFIX’s business (collectively, the “PREFIX Services”).
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THETERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINESINCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THEFOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENTMODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Where applicable under law, these Terms constitute a ‘writing signed by you.’
Changes to prefixmag.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of theseTerms of Service at any time without further notice. If we do this, we will post the changes tothese Terms of Service on this page and we may send registered users an email notifying you ofthe change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USINGTHE PREFIX SERVICE. YOUR CONTINUED USE OF THE PREFIX SERVICE FOLLOWINGOUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE ORRECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOURBINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You must be 13 years or older to use the PREFIX Service. By using and/or registering for thePREFIX Service, you represent and warrant that you are 13 or older and that you have thecapacity to understand, agree to and comply with these Terms of Service. You should providetrue, accurate and complete registration information to be an prefixmag.com member (‘Member’).As part of the registration process, you may be asked to select a username and password andyou will be responsible for all activities occurring under your username and for keeping yourpassword secure. We may refuse to grant you a username that impersonates someone else, is ormay be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwiseinappropriate, as determined by us in our sole discretion.
Copyright Notice and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the PREFIXlogo, design, text, graphics, pictures, playlists, webcasts and sound files, and other files, and theselection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED to PREFIX and/orits licensors. Except as stated herein, none of the Materials may be copied, reproduced,distributed, republished, downloaded, displayed, posted or transmitted in any form or by anymeans, including, but not limited to, electronic, mechanical, photocopying, recording, orotherwise, without the prior written permission of us or the respective copyright owner.
You are granted a limited, non-sublicensable right to access this Site, utilize the PREFIX Services
and print the Materials for your personal, non-commercial, and informational use only. Such grantdoes NOT include the right to:
(a) copy, publish, display, publicly perform, or distribute the PREFIX Service or any element of thePREFIX Site, including reproduction on any computer network or broadcast or publications media;(b) resell or make commercial use of the Site, the PREFIX Services or its Materials;(c) systematically collect and use any data or content including the use of any data mining,robots, or similar data gathering and extraction methods; or(d) make derivative uses of PREFIX Services, the Site and its Materials;(e) use, frame or utilize framing techniques to enclose any PREFIX trademark, logo or otherproprietary information (including the images found at this Site, the content of any text or thelayout/design of any page or form contained on a page);(f) use any meta tags or any other “hidden text” utilizing a PREFIX name, trademark, or productname(g) use any photograph or other image published on the PREFIX site for any purpose,commercial or otherwise.
Except for the limited license granted to you, you are not conveyed any other right or license byimplication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietaryright of PREFIX or any third party. Any unauthorized use of this Site will terminate the permissionor license granted by these Site Terms and may violate applicable law including copyright laws,trademark laws (including trade dress), and communications regulations and statutes.
Member Conduct and Appropriate Content
The PREFIX Service is made available for your personal, non-commercial use only. You may notuse the PREFIX Service for any illegal or unauthorized purpose. International users agree tocomply with all local rules regarding online conduct and acceptable content, including lawsregulating the export of data from the United States or your country of residence. You are solelyresponsible for your conduct and any data, text, information, graphics, photos, profiles, audio andvideo clips, links and other content (‘Content’) that you submit, post, and display on thePrefixmag.com Service.
We may, but shall have no obligation to, remove Content that we determine in our sole discretionis unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, orinfringes or violates any party’s intellectual property or other proprietary rights or these Terms ofService. Further, under no circumstances does PREFIX have any obligation to check theaccuracy or truthfulness of the any Content, nor to monitor any Member’s use of the PREFIXService.
PREFIX reserves the right, in its sole discretion, to reject, refuse to post or remove any posting(including private messages) by you, or to deny, restrict, suspend, or terminate your access to allor any part of the PREFIX Services at any time, for any or no reason, with or without prior noticeor explanation, and without liability. PREFIX expressly reserves the right to remove your profileand/or deny, restrict, suspend, or terminate your access to all or any part of the PREFIX Servicesif PREFIX determines, in its sole discretion, that you have violated this Agreement or pose athreat to PREFIX and/or its Users.
Member Disputes. You are solely responsible for your interactions with other PREFIX Members.PREFIX reserves the right, but has no obligation, to become involved in any way with disputesbetween you and other Members.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulationsand are solely responsible for all acts or omissions that occur under your account made by you
including the content of your transmissions through the PREFIX Service. By way of example, andnot as a limitation, you agree
1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacyand publicity) of others;2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous,profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwiseobjectionable material or information;3. Use other Members’ personal data for purposes other than establishing contact that isreasonably expected to be welcomed by such other Members;4. Submit Content that is unlawful or promote or encourage illegal activity or that would violate theproperty rights of others;5. Submit Content of any third party without such third party’s prior written consent, or Contentthat falsely express or imply that such Content are sponsored or endorsed by Prefixmag.com;6. Create a false or misleading identity of, including, but not limited to, a PREFIX employee, orfalsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose ofmisleading others as to the identity of the sender or the origin of a message or to harvest orotherwise collect information about others;7. Transmit, email or post any material that contains in any form software viruses or suchprograms as including but not limited to, Trojan horses, worms, time bombs, cancel-bots,computer code, files or programs designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment;8. Use the Prefixmag.com Service in any unlawful manner or in any other manner that coulddamage, disable, overburden or impair the website;9. Attempt to gain unauthorized access to the PREFIX Service, other accounts, computersystems or networks connected to the PREFIX Service, through password mining or any othermeans;10. Modify, adapt, translate, or reverse engineer any portion of the PREFIX Service, or use anyrobot, spider, site search/retrieval application, or other device to retrieve or index any portion orthe Prefixmag.com Service;11. Reformat or frame any portion of the web pages that are part of the Prefixmag.com Service;12. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights ofprivacy or publicity, or other proprietary right of any party or infringes any intellectual property lawor any other applicable law;13. Remove any copyright, trademark or other proprietary rights notices contained in or on thePREFIX Service;14. Disseminate any unsolicited or unauthorized advertising, promotional Content, ‘junkmail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;15. Interfere with another Member’s use and enjoyment of the PREFIX Service;16. Harvest or collect email addresses or other contact information of Members, includingusernames, from the Prefixmag.com website by electronic or other means.17. Reproduce any image or photograph posted on the PREFIX Service.
Any music, photos, artwork, writing, or other creative works that you create are referred to in thisagreement as “Content.” PREFIX does not claim any ownership rights in any Content that yousubmit, post, or display on or through the PREFIX Services or on the prefixmag.com Web site.After submitting, posting or displaying Content on or through the PREFIX Services or on thePrefixmag.com Web site, you continue to retain all ownership rights in such Content, and youcontinue to have the right to use your Content in any way you choose. By submitting, posting ordisplaying any Content on or through the PREFIX Service, you hereby grant to PREFIX a limitedlicense to use, modify, publicly perform, publicly display, reproduce, and distribute such Contentsolely on and through the PREFIX Service.
This license is necessary for PREFIX to provide the PREFIX Service. For example, without the
right to modify your Content, PREFIX would not be able to digitally compress music files that youor other Members submit or otherwise format Content to satisfy technical requirements, andwithout the right to publicly perform Content, PREFIX could not allow users and Members to listento music posted by Members. The license you grant to PREFIX is non-exclusive (meaning youare free to license your Content to anyone else in addition to PREFIX), fully-paid and royalty-free(meaning that PREFIX is not required to pay you for the use on the PREFIX Service of theContent that you post), sub licensable (so that PREFIX is able to use its affiliates andsubcontractors such as Internet and WAP content delivery networks to provide the PREFIXService), worldwide (because the Internet and the PREFIX Service are global in reach), extendsto any music and images that you create, and continues in perpetuity. If you remove your Contentfrom the PREFIX Service, PREFIX reserves the right to remove all of your Content from otherMember’s pages. The license does not grant PREFIX the right to sell your Content, nor does thelicense grant PREFIX the right to distribute your Content outside of the PREFIX Service. Yourepresent and warrant that: (i) you own the Content posted by you on or through the PREFIXService or otherwise have the right to grant the license set forth in this section, and (ii) the postingof your Content on or through the PREFIX Service does not violate the privacy rights, publicityrights, copyrights, contract rights or any other rights of any person. You agree to execute anydocument necessary to ensure that PREFIX does not have to pay royalties for using any contentyou create and post to the prefixmag.com website. You agree to pay for all royalties, fees, andany other monies owing any person by reason of any Content posted by you to the PREFIXService.
PREFIX, Inc. and its affiliates and licensors own and retain all rights in the Prefixmag.com Website and PREFIX Service, which contain proprietary and confidential information that is protectedby applicable intellectual property and other laws, including without limitation all (1) text, (2)software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and aspart of the PREFIX Service by Prefixmag.com. Except as expressly authorized by Prefixmag.com,you may not copy, modify, publish, transmit, distribute, perform, display or sell any ofPrefixmag.com’s proprietary information. *PREFIX* and *Prefixmag.com* are trademarks of PrefixMedia, LLC.
(i) statement that you have identified material on the Prefixmag.com website which infringes yourcopyright (or infringes the copyright of a third party on whose behalf you are entitled to act, ifapplicable); (ii) a description of the copyrighted work that you claim has been infringed, whichshould include the type of work (such as a book or a sound recording) and any relevant furtherdetails (such as the title and date of publication, as applicable); (iii) the country or countries towhich your copyright applies; (iv) a description of the way in which the copyright material hasbeen infringed; (v) a description of where the material that you claim is infringing is located on the
Prefixmag.com web site (including a URL and/or screen shot); (vi) your address, telephonenumber, and email address so that we may get in contact with you; (vii) the contact details thatyou would like us to provide to the alleged infringer so that they may contact you directly, in orderto attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief thatthe disputed use of the copyright work is not authorized by the copyright owner (or by a third partywho is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted bylaw; (ix) a statement by you, made under penalty of perjury, that the above information in theNotice is accurate and that you are the copyright owner or authorized to act on the copyrightowner’s behalf and (x) an electronic or physical signature (which may be a scanned copy) of thecopyright owner.
Once you have completed the Notice, having included all of the information set out above, pleasesend it to:
Attn: PREFIX Copyright Infringement Notification
Prefixmag.com, 80 Cranberry St. #5A, Brooklyn, NY 11201;Attn: Copyright Agent;and email: admin@Prefixmag.com.
If you are unsure as to your rights in respect of your copyright material, or whether there hasbeen an infringement of your rights, we suggest that you take legal advice before sending aNotice to PREFIX. This ‘notice and takedown’ process is regulated by statute. There may benegative consequences if you falsely allege copyright infringement or send a Notice to PREFIX inbad faith.
If you believe that any material that you have uploaded on to the Prefixmag.com websitehas been removed in error, or that the content in question does not infringe the copyright ofany third party, you may file a counter-notice (‘Counter-Notice’) with us, by sending a writtencommunication which should include the following information, in the same order as is set out in(i) to (iv) below:
(i) specific details of the material that has been removed or to which PREFIX has disabled accessand the accompanying location of such material; (ii) your name, address, telephone number,email address and a statement that you will accept service from the person (or an authorizedrepresentative of such person) who provided PREFIX with the complaint in question; (iii) astatement by you that you believe (acting in good faith) that the material identified above wasremoved as a result of a mistake or incorrect identification of the material to be removed and (iv)an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set outabove, please send it to:
Attn: PREFIX Copyright Infringement Counter Notification
Prefixmag.com, 80 Cranberry St. #5A, Brooklyn, NY 11201;Attn: Copyright Agent;and email: admin@Prefixmag.com.
If you are unsure as to your rights in respect of your material, or whether there has been aninfringement of copyright, we suggest that you take legal advice before sending a Counter-Noticeto PREFIX. This ‘notice and takedown’ process is regulated by statute. There may be negativeconsequences if you make false allegations or send a Counter-Notice to PREFIX in bad faith.
PREFIX shall not be responsible for any connection or access to the Prefixmag.com website byyou or the quality of the transmission of any information passing between you and the website.You will be responsible for providing your own communications equipment to access thePrefixmag.com website via the Internet or other service, and the Internet/WAP access chargesthereon. You recognize that PREFIX shall not be responsible for any reduced functionalityresulting from, or in connection with, your use of the PREFIX Service via WAP or other service.
Termination of the PREFIX Service
These Terms of Service will apply to your use of the PREFIX Service. At any time, you canterminate your account which will remove your profile and other personal information from view.We may terminate your membership immediately at any time, for any reason. Once yourmembership terminates, you will have no right to use the PREFIX Service. Our proprietary rights,disclaimer of warranties, licenses under this and any other agreement, indemnities, limitations ofliability and miscellaneous provisions shall survive any termination of your membership.
PREFIX may also, in its sole discretion and at any time, discontinue the PREFIX Service, or anypart thereof, with or without notice, temporarily or permanently. You agree that any termination ofaccess to the PREFIX Service under any provision of the Terms of Service may be effectedwithout notice, and acknowledge and agree that PREFIX may immediately deactivate or deleteyour account and all related information and files in your account and/or bar any further access tosuch files or the PREFIX Service. Where possible, PREFIX will use reasonable efforts to giveMembers fair notice of termination or suspension of their access to the PREFIX Service. Youfurther agree that PREFIX shall not be liable to you or any third party for any termination orsuspension of access to the PREFIX Service or modification of the PREFIX Service.
Disclaimer of Warranties
PREFIX, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultantsand agents (‘PREFIX’) disclaim any and all responsibility or liability for the accuracy, content,completeness, legality, reliability, or operability or availability of information or Content displayedon the PREFIX Service.
PREFIX further expressly disclaims (1) that the PREFIX Service will meet your requirements andwill be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3)that the PREFIX Service or the server that makes it available are free of viruses or other harmfulcomponents, and (4) that the use of or the results of the use of the PREFIX Service or the contentmade available as part of the PREFIX Service will be correct, accurate, timely, or otherwisereliable. PREFIX expressly disclaims any and all responsibility and liability for the conduct of anyother Member, and expressly disclaims that the content and Content of the PREFIX Service inputby other Members is correct or accurate.
PREFIX, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE PREFIX SERVICE,AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THEPREFIX SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED ‘ASIS,’ ‘WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. PREFIXEXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARYRIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the abovedisclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE PREFIX SERVICE IS ENTIRELY AT YOUR OWNRISK.
PREFIX, our logo, and the products and services described in this Site, are either trademarks,service marks or registered trademarks of PREFIX or its licensors, and may not be copied,imitated or used, in whole or in part, without our prior written permission. In addition, all pageheaders, custom graphics, button icons, and scripts are service marks, trademarks, and/or tradedress of PREFIX, and may not be copied, imitated, or used, in whole or in part, without our priorwritten permission. All other trademarks, registered trademarks, product names and PREFIXnames or logos mentioned herein are the property of their respective owners. Reference to anyproducts, services, processes, or other information, by trade name, trademark, manufacturer,supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendationthereof by us.
You may not use our logo or other proprietary graphic or trademark to link to this Site without ourexpress written permission. This limited right may be revoked at any time. We make no claim orrepresentation regarding, and accept no responsibility for, the quality, content, nature or reliabilityof sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are notunder our control and we are not responsible for their content. We are providing these links to youonly as a convenience, and the inclusion of any link does not imply affiliation, endorsement, oradoption by us of the site or any information contained therein. When leaving this Site, you shouldbe aware that our terms and policies no longer govern, and, therefore, you should review theapplicable terms and policies, including privacy and data gathering practices, of that site.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at PREFIX’s request defend, PREFIX, its parents,subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents,and employees, from and against any third party claim arising from or in any way related to youruse of or conduct on the PREFIX Service and prefixmag.com, including any liability or expensearising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments,litigation costs, expenses, and attorneys’ fees, of every kind and nature. In such a case, PREFIXwill provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE PREFIX SERVICE IS AT YOUR SOLE RISK. UNDER NOCIRCUMSTANCES WILL PREFIX, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, ANDTHEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, ANDEMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OROTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICTLIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, ORINABILITY TO USE, THE PREFIX SERVICE, WHETHER OR NOT PREFIX HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OFLIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OFAND RELIANCE ON THE PREFIX SERVICE, FROM INABILITY TO USE THE PREFIXSERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THEPREFIX SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II)NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYAND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITHTHE PREFIX SERVICE OR ANY PART OF THE PREFIX SERVICE YOUR SOLE ANDEXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PREFIX SERVICE AND ITS
RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL PREFIX BE LIABLE TO YOUFOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAINLIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH ORPERSONAL INJURY CAUSED BY THE NEGLIGENCE OF PREFIX OR (II) THE TORT OFDECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION ANDEXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS ANDLIMITATIONS ARE NOT PERMITTED.
PREFIX may provide you with notices regarding the prefixmag.com Service or these Terms ofPREFIX Service by regular mail, email, or postings to this Web site.
You shall comply with all applicable domestic and international laws, statutes, ordinances,regulations, contracts and applicable licenses regarding your use of the PREFIX Services.
These Terms of Service will be governed by and construed in accordance with the laws of theState of New York, without giving effect to its conflict of laws provisions or your actual state orcountry of residence. The parties agree to submit to the personal and exclusive jurisdiction of thecourts located in the Southern District of New York. If for any reason a court of competentjurisdiction finds any provision or portion of the Terms of Service to be unenforceable, theremainder of the Terms of Service will continue in full force and effect. You shall not assign theseTerms of Service or assign any rights or delegate any obligations hereunder, in whole or in part,whether voluntarily or by operation of law, without our prior written consent. Any such purportedassignment or delegation will be null and void and of no force or effect. Each of PREFIX’saffiliates are express and intended third party beneficiaries of these Terms of Service and mayenforce any of its terms and exercise any of the rights to the same extent as PREFIX.
Without limiting the foregoing, under no circumstances shall PREFIX be held liable for any delayor failure in performance resulting directly or indirectly from acts of nature, forces, or causesbeyond its reasonable control, including, without limitation, Internet failures, computer equipmentfailures, telecommunication equipment failures, other equipment failures, electrical power failures,strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or Content, fires,floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreigncourts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or airconditioning.
These Terms of Service constitute the entire agreement between you and PREFIX with respect tothe subject matter hereof and supersedes and replaces all prior or contemporaneousunderstandings or agreements, written or oral, regarding such subject matter. Any waiver of anyprovision of the Terms of Service by a party will be effective only if in writing and signed by thatparty.
Effective Date: December 9, 2010