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MinuteBids Website Terms Of Use

EFFECTIVE DATE: June 09, 2009 MinuteBids Website TERMS OF USE

This website, www.minutebids.com (the “MB Website”), is owned and operated by Prism Holdings, LLC. (referred to as “MB” “we,” “us” or “our”), a Minnesota Limited Liability Company. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MB WEBITE. By using this MB Website you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the MB Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the MB Website following the posting of changes to the Terms will mean you accept those changes.

THE MB WEBSITE

The MB Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, user recommendations, user ratings/reviews, computer programs and other material and information contained on, or utilized in the provision of, the MB Website is the property of MB or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. MB hereby grants you a limited, nonexclusive, non-transferable, personal license to use the MB Website for personal or informational purposes only. You may print and/or download and store portions of MB Website for personal use only, provided that you retain all copyright and other proprietary notices contained on the MB Website. Except as expressly authorized by MB in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the MB Website for any purpose. All rights not expressly granted herein are reserved to MB and/or its licensors. To create an MB user profile, use certain features of the MB Website or participate in certain activities sponsored by MB, we might ask you to register as a customer, user or participant. If so requested, each MB Website user must: (1) personally provide true, accurate, current and complete information on the MB Website’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, MB has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, MB may suspend or terminate any and all current or future use of the MB Website by that user. A user may receive passwords and account designations upon completing certain MB Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

The MB Website may include the following interactive services: bidding, blogs, chat areas, forums, rating and reviewing users, recommending users, product reviews and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to MB or the MB Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to MB to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. MB has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. MB shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. MB, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of MB Website users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the MB Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the MB Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this MB Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from MB; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. MB shall not be liable in any way for any Content.

TERMINATION

MB may terminate your use of the MB Website for: (1) breach of these Terms; (2) your abuse of MB Website resources or attempt to gain unauthorized entry to the MB Website; (3) as required by law, regulation, court or governing agency order; or (4) actions that MB considers not in the best interest of itself or users as a whole. MB’s termination of any user’s access to the MB Website may be effected without notice and, on such termination, MB may immediately bar any further access to the MB Website. MB shall not be liable to any user or other third party for any termination of that user’s access to the MB Website.

LINKS

The MB Website may provide links to other websites. MB exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY

EACH USER’S USE OF THE MB WEBSITE IS AT HIS OR HER SOLE RISK. THE MB WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE MB WEBSITE. IN NO EVENT SHALL MB’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

“MinuteBids” is a trademark of MB. All other marks, names, and logos mentioned on the MB Website are the property of MB or their respective owners. Your use of the MB trademarks and other marks, names and logos set forth on the MB Website without prior written consent is strictly prohibited.

COPYRIGHTS

MB respects the intellectual property rights of others, and requires that the people who use the MB Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this MB Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit MB to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is: MinuteBids, 7157 Shady Oak Rd, Eden Prairie MN 55344 info@minutebids.com

PRIVACY

MB agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.minutebids.com/privacy.do or by sending an e-mail request to: privacy@minutebids.com.

GENERAL INFORMATION

The Terms constitute the agreement between each user and MB and govern each user’s use of MB Website, superseding any prior agreements except user agreements that users agreed to when they created an account or requested a bid. The Terms and the relationship between each user and MB shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. This MB Website is controlled and operated by MB from its offices within the State of Minnesota, United States of America. MB makes no representation that materials in the MB Website are appropriate or available for use in other locations. Those who choose to access this MB Website 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. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between MB and any user.

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