Effective Date: February 5, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER PROTOTOPICS CHANNEL, SERVICE, OR PRODUCT. Note that Section 16 (Dispute Resolution) contains a mandatory arbitration clause, a jury waiver, and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, meaning you waive any right to have those disputes decided by a judge or jury and that you cannot participate in class actions, class arbitrations, or representative actions.
These Terms of Service are effective as of the Effective Date above. If you do not agree with these Terms, including the Dispute Resolution section, your sole remedy is to not use our Services. By continuing to use the Services after the Effective Date, you agree to and accept these Terms.
Digital services owned and run by Prototopics (“Prototopics,” “our,” or “we”) include Prototopics.com and other Prototopics websites (collectively, the “Website”). Prototopics is dedicated to providing visitors to the Website with a highly interactive and positive experience while protecting our rights and the rights of our users. We have developed these Terms of Service (“Terms”) to govern your use of the Website as well as your use of or interaction with any other Prototopics owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, events, and social media and other channels (e.g., Prototopics’ profiles and Content on social media platforms; newsletters; emails) (“Prototopics Channels”). Your use of the Website and/or Prototopics Channels tells us you have read and agreed to these Terms. Please read them carefully. These Terms are a binding contract between you and Prototopics regarding your use of the Website and Prototopics Channels.
The Website and Prototopics Channels are not meant for or targeted at anyone under the age of 16, and you must be at least 16 years of age or older to use the Website or Prototopics Channels.
To learn how Prototopics collects, processes, and shares personal information, please consult Prototopics’ Privacy Statement.
The Content
1.1 All information, content, services, and software displayed on, transmitted through, or used in connection with the Website or Prototopics Channels, including for example, articles, reviews, text, photographs, images, illustrations, graphics, audio, video, and all the selection and arrangement of the aforementioned and the “look and feel” of this Website and Prototopics Channels (collectively, the “Content”), are protected under applicable copyrights and other proprietary rights and are the intellectual property of Prototopics and its licensors. Prototopics actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms.
1.2 The Content includes logotypes, trademarks, and service marks (collectively “Marks”) owned by Prototopics, and Marks owned by third parties. For example, “Prototopics” is a trademark of Prototopics. No Marks may be used in any manner unless approved in advance in writing by Prototopics.
1.3 You may use the Website, Prototopics Channels, and Content online and solely for personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in such Content. No other use is permitted without securing the prior written consent of Prototopics.
Prohibited Uses of Website and Prototopics Channels
By accessing or using the Website and/or Prototopics Channels, including any Content, you agree to use them only as expressly permitted by these Terms. Unless you have Prototopics’ prior written permission, you shall not:
- Alter, copy, sell, transfer, or use any Prototopics intellectual property, Content, or any other part of the Website or Prototopics Channels for any public or commercial purpose.
- Frame or utilize framing techniques involving any trademark, logo, copyrighted material, or other proprietary information of Prototopics.
- Use any data mining, robots, or similar data gathering or extraction methods on the Website or Prototopics Channels.
- Violate any applicable laws or regulations or the rights of a third party.
- Use the Website or Prototopics Channels in a manner that violates these Terms.
Account Registration
Certain areas of the Website or Prototopics Channels may require account registration. When you register or become a member of the Website or Prototopics Channels, you agree to provide only true, accurate, current, and complete information.
Other Information Content Providers
The Website and Prototopics Channels may distribute content supplied by third parties. Prototopics is not responsible for the accuracy, completeness, or reliability of such content.
User-Generated Content, Comments, and Other Submissions
The interactive areas of the Website and Prototopics Channels are provided for users to express their opinions and share ideas. Prototopics reserves the right to delete, move, or edit any content at any time for any reason but has no obligation to review or remove any such content.
Dispute Resolution and Binding Arbitration
You and Prototopics agree to resolve any disputes through binding arbitration, waiving the right to trial by jury or to participate in class actions.
These Terms include all other notices, policies, disclaimers, and terms contained on the Website and Prototopics Channels. If any provision is deemed unlawful or unenforceable, that shall not affect the validity of the remaining provisions. These Terms are governed by the laws of the State of New York, without regard to their conflict of law principles.
For any questions regarding these Terms, please contact Prototopics.