The Prototype Advertising website and its contents are the sole property of Prototype Advertising, Inc. Unless explicitly stated otherwise, any new products and/or services, including any new Prototype Advertising properties shall be subject in whole to these General Terms and Conditions. In addition, Prototype Advertising may have separate terms and conditions, user agreements or similar legal agreements for material and content on the Prototype Advertising website. When you are using any service or product offered by Prototype Advertising that does not have a separate legal agreement or term of use, these General Terms & Conditions will apply. Content and material displayed on this website may be viewed and downloaded for non-commercial purposes. Material and content contained on this website including copyrighted and trademarked material, text, images, audio and/or video, may not be used without the written authorization of Prototype Advertising. You may not distribute, copy, reproduce, modify, publish, link, transmit, reuse, re-post, create derivative works from, retain or in any way exploit said content and/or material for either public or commercial purposes. This exclusionary use of content and material also applies to incorporating said material and/or content into email, catalogue, blog, promotional collaterals, whether browser-based, based on applications, web-based or otherwise. Access to, and use, of the www.prototypeadvertising.com website is subject to the following terms and conditions, including any and all applicable copyright laws. By accessing and browsing this web site, you agree, without limitation or qualification, to be bound by, and to comply with, these General Terms & Conditions and any other posted guidelines or rules applicable to any specific part or section or material or content contained therein.
- It should be assumed that all material and content found on the Prototype Advertising website is copyrighted unless otherwise noted and may not be used in any way except as provided in these General Terms & Conditions, or as in the specific context of the page it was found on this website, without the written authorization of Prototype Advertising.
- Images, videos and/or likenesses of people or places displayed on this web site are either property of, or used with permission by Prototype Advertising. The use of these images, videos and/or likenesses by you, or anyone authorized by you, is prohibited unless specifically permitted by these General Terms & Conditions, or by specific written authorization by Prototype Advertising. Any unauthorized use of this content or material is strictly prohibited, and may violate copyright laws, trademark laws, communications regulations/statutes and laws of privacy and publicity for which you may be held criminally and/or civilly liable.
- Trademarks, logos, and service marks (collectively called "trademarks") displayed on this web site, including "Prototype Advertising" and "PT:", are trademarks of Prototype Advertising. Nothing contained on this web site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this web site without written authorization of Prototype Advertising or the third party that may own the trademarks displayed on this web site. Your misuse of the trademarks displayed on this website, or any other content on this website, except as provided in these General Terms & Conditions, is strictly prohibited.
- Any unsolicited communication or material you transmit to this web site by email or otherwise, including questions, comments, suggestions, or any other data is, and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Prototype Advertising for any purpose it sees fit, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Prototype Advertising shall be free to use any ideas, concepts, knowledge, and/or techniques contained in any communication you send to Prototype Advertising for any purpose whatsoever including, but not limited to, developing, creating and marketing products and services.
- These General Terms & Conditions and the relationship between you and Prototype Advertising shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia for the adjudication of any and all claims arising out of your use of the Prototype Advertising website, product and/or service offering and you waive any objection thereto.
Prototype Advertising may at any time revise these General Terms & Conditions by updating this posting. The Prototype Advertising website may expand or change from time to time. You are bound by any revisions and should therefore periodically visit this page to review the current the General Terms & Conditions.
Prototype Advertising
Thursday, June 5, 2008
This policy covers how Prototype Advertising treats personal information that Prototype Advertising collects and receives, including information related to your past use of the Prototype Advertising website and Prototype Advertising products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
Prototype Advertising reserves the right to collect a variety of personal information, including your email address, IP address, and message content from site visitors, clients and authorized viewers. Prototype Advertising also collects names and mailing addresses, gender, zip code, occupation, industry, position, what products/services interest you and any other information from users who willingly provide that information. Prototype Advertising uses this personal information as follows:
- To contact you about Prototype Advertising services, products and/or the Prototype Advertising website
- To communicate with you concerning problems or malfunctions that you report
Prototype Advertising automatically receives and records information on our server logs from your browser, including your IP address, Prototype Advertising cookie information, and the page/s and products you request.
Prototype Advertising offers a periodical newsletter and email subscription. When you enter your name and email for that purpose, it is used for that purpose and that purpose alone. We do not sell your email address or name for any reason.
Prototype Advertising may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a Web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed. Cookies allow us to automatically remember your web browser when you visit our site/s or Service. The use of cookies is an industry standard, and they are currently used on most major Web sites. It is possible to adjust your Web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, keep in mind that certain sites and services will not function properly if you set your browser to refuse all cookies.
Prototype Advertising does not sell or rent your email address, name, mailing address, or any other information to anyone for any reason. Prototype Advertising will not share your email address, first or last name, mailing address, or other received information to anyone, except as stated below:
- Prototype Advertising will disclose personal information and personal records as they pertain to Prototype Advertising or business with Prototype Advertising, if required to respond to subpoenas, court orders, or any other legal process.
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Prototype Advertising's Terms and Conditions of Use, or as otherwise required by law.
- We will transfer information about you if Prototype Advertising is acquired by or merged with another company. We will post a notice on our site before this occurs and/or if a new privacy policy will be applicable as a result.
Prototype Advertising may display targeted advertisements based on personal information.
PROTOTYPE ADVERTISING AND ITS PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROTOTYPE ADVERTISING DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PROTOTYPE ADVERTISING DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. PROTOTYPE ADVERTISING SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROTOTYPE ADVERTISING DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. PROTOTYPE ADVERTISING DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PROTOTYPE ADVERTISING DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. PROTOTYPE ADVERTISING MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ITS PRODUCTS OR SERVICES OR STORAGE FACILITIES OFFERED BY PROTOTYPE ADVERTISING.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PROTOTYPE ADVERTISING BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON ITS PRODUCTS OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PROTOTYPE ADVERTISING OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS OR SERVICES, FROM INABILITY TO USE THE PRODUCTS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY ALSO WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PROTOTYPE ADVERTISING WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL PROTOTYPE ADVERTISING BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
