Terms and Conditions
TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE PROTOPLASMATIC WEB SITE
(Last Updated December 31, 2010)
This statement covers the Protoplasmatic and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access the Protoplasmatic Site. Your use of the Protoplasmatic Site indicates your agreement to abide by the Terms in effect.
1. Use of this Web site is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. By using this Web site you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.
2. Protoplasmatic reserves the right at its discretion to modify the terms and conditions under which this Web site is offered. Use of this Web site after the posting of any such modification constitutes your agreement to be bound by the terms and conditions as modified.
3. If you do not agree with the terms and conditions of this Web site and do not wish to be bound by them, please do not use this Web site or download any materials from this Web site.
4. All material (“Materials”) displayed or transmitted on this site, including but not limited to text, photographs, videos, images, illustrations, video clips, audio clips, and graphics are owned by Protoplasmatic or its members, and are protected by European and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Protoplasmatic is a private website, and we reserve the right to delete any comments we find offensive. We strive to maintain an atmosphere of free and open conversation, but we reserve the right to close the posts to further comments. If a commenter repeatedly abuses our comment policy, we delete all of their comments on every post on the site, and ban their IP address.
In order to make our comments useful and interesting, the following guidelines have been established for comment users:
* Do not post threatening, harassing, defamatory, or libelous material.
* Do not intentionally make false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Keep all comments relevant to the Protoplasmatic Site where the comment is being posted.
* Protoplasmatic will not accept responsibility for information posted in the Comments, or the opinions expressed in any comments, which expressly belong only to the person making the comments, not to the staff or owners of the Protoplasmatic site.
If Protoplasmatic receives notice that a comment post is not in keeping with these terms and conditions or the intended use of the comments, we reserve the right to remove that comment posting. The removal of any comment shall be solely at the discretion of Protoplasmatic Media.
5. Except as provided in this agreement, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on this site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
6. You may make a single print copy of any of the Materials carried by Protoplasmatic on this Web site for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site without the express written permission of Protoplasmatic Media. All requests for archiving, republication or retention of any part of the Materials must be in writing to Protoplasmatic clearly stating the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to the e-mail address mentioned at the end of this document.
7. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the site in accordance with these terms and conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the terms and conditions of use specified in this agreement. Protoplasmatic reserves any rights not expressly granted under these terms and conditions of use.
8. Protoplasmatic reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to this Web site or any portion of this Web site, at any time and without notice or liability.
9. ALTHOUGH ALL INFORMATION AND MATERIALS POSTED BY PROTOPLASMATIC EDITORS ON THIS WEB SITE IS BELIEVED TO BE RELIABLE, PROTOPLASMATIC MAKES NO REPRESENTATION, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE. PROTOPLASMATIC EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. PROTOPLASMATIC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIALS CARRIED ON THIS WEB SITE.
10. This Web site may from time to time contain links or pointers to Internet sites maintained by third parties. Protoplasmatic does not operate or control in any way any information, products or services on these third-party sites and Protoplasmatic expressly disclaims any responsibility for such third-party sites, which are provided for your convenience on an “as is” basis without warranties of any kind, express or implied.
11. This agreement will be governed and construed in accordance with the laws of Italy (European Union) without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of courts in Italy, and any cause of action which arise from use of this Web site or from interpretation of these terms and conditions must be filed in Italy. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
12. This constitutes the entire agreement between the parties concerning the terms and conditions of use of this Web site.
TERMS AND CONDITIONS APPLICABLE TO THE WORKS OF PROTOPLASMATIC DISPLAYED ON THE WEB OR DISTRIBUTED VIA THE INTERNET
(Last Updated December 31, 2010)
The following terms and conditions (the “Terms and Conditions”) –
>> applies to all visitors (which shall include without limitation, persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind, including without limitation ones that crawl, spider, ingest, index, scrape, copy, store, display or transmit digital content) (“You”), and
>> governs Your use of any works of Protoplasmatic Media, including without limitation text, data, information, photos, graphics, audio and video material created, gathered, generated and/or provided by Protoplasmatic (the “Protoplasmatic Works”) and displayed on any website or digital service through which You accessed these Terms and Conditions. When You access such website or digital service You agree that these Terms and Conditions govern Your use of the Protoplasmatic Works and constitute a legally binding agreement between You and Protoplasmatic whose principle place of business is New York, NY.
LICENSE – REQUIREMENTS, RESTRICTIONS, AND RESERVATION
You are granted a nonexclusive, nontransferable, limited license to access and use the Protoplasmatic Works for the specific uses enumerated in these Terms and Conditions for personal non-commercial use only. All rights with respect to the Protoplasmatic Works not explicitly granted to You are reserved to Protoplasmatic Media.
You may not use the Protoplasmatic Works in any way that would or does: (1) derogate from Protoplasmatic Media’s intellectual property rights in and to the Protoplasmatic Works; (2) distort the meaning or cause otherwise non-defamatory, non-infringing content to defame or infringe the intellectual property rights of any person or violate any person’s personal proprietary or privacy rights; or (3) violate any applicable law, regulation or guideline in the relevant jurisdiction. Except as specifically authorized in writing by Protoplasmatic Media, You may not sublicense, market, sell or distribute the Protoplasmatic Works or any subset thereof or offer to do so in any manner or medium.
All right, title and interest in and to the Protoplasmatic Works shall remain the property of Protoplasmatic and/or its licensors, including without limitation any intellectual property rights which subsist in the Protoplasmatic Works. You agree to comply with any instructions set out in any files associated with the Protoplasmatic Works, including any requirements with regard to Your access and use of the Protoplasmatic Works.
You agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Protoplasmatic Works, or impair or interfere with any copyright protection mechanisms, copyright management information systems or digital identification devices employed by Protoplasmatic in association with the Protoplasmatic Works.
DISCLAIMERS, LIMITATION OF LIABILITY
NO REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO THE PROTOPLASMATIC WORKS ARE MADE BY PROTOPLASMATIC, ITS LICENSORS AND OTHER CONTENT PROVIDERS. PROTOPLASMATIC AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY (INCLUDING, WITHOUT LIMITATION, AS TO THE SEQUENCE, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY AND/OR RELIABILITY OF THE PROTOPLASMATIC WORKS) OR FITNESS FOR ANY PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PROTOPLASMATIC WORKS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE PROTOPLASMATIC WORKS SHALL CREATE ANY WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROTOPLASMATIC WORKS IS AT YOUR SOLE RISK AND THAT THE PROTOPLASMATIC WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
PROTOPLASMATIC AND ITS LICENSORS AND OTHER CONTENT PROVIDERS SHALL NOT BE LIABLE IN ANY REGARD WITH RESPECT TO YOUR ACCESS TO, USE OF AND/OR RELIANCE ON THE PROTOPLASMATIC WORKS (WHETHER IN WHOLE OR IN PART), TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY LOSS OF REVENUE, LOSS OF PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS REGARDLESS OF WHETHER YOU OR ANY THIRD PARTY HAD ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless and defend Protoplasmatic Media, its directors, officers, employees, subsidiaries, licensors and content providers, in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these Terms and Conditions or otherwise in connection with Your use of the Protoplasmatic Works.
If any provision in these Terms and Conditions is declared to be invalid or unenforceable in any respect by a court of law having jurisdiction to decide, then the invalid or unenforceable provision will be removed from the Terms and Conditions without affecting the rest of the terms, which will continue to be valid and enforceable, and a valid and enforceable provision that approximates the intent of the invalid or enforceable provision as closely as possible shall be substituted for the invalid or unenforceable provision.
You agree that Protoplasmatic is entitled to exercise all rights and seek all legal and equitable remedies available to it with respect to the Protoplasmatic Works. You agree that Protoplasmatic Media’s failure to exercise or enforce any legal right or remedy in these Terms and Condition, shall not constitute a waiver of these rights and remedies by Protoplasmatic Media. Notwithstanding any choice of law, venue or jurisdiction provisions in association with the website or digital service through which You accessed these Terms and Conditions these Terms and Conditions shall be governed by, construed and take effect in accordance with the laws of Italy (European Union) and jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts situated in Italy (European Union), and all such claims shall be adjudicated under Italy (European Union), without reference to its conflict of law principles.
If you have any questions or notices of violations to these terms and conditions, please contact Protoplasmatic by using the contact link on the above menu.