Terms & Conditions
By using ProtaTECH Inc., you agree to all of the following terms and conditions, therefore you should read it completely and thoroughly. Your use of this site constitutes your acknowledgement, understanding, and agreement to strictly abide by and be legally bound by all of these terms and conditions of use. If you do not agree with these terms and conditions of use or if you do not have the authority to enter into this agreement, then you do not have the right to use this service or the website(s) and you are prohibited from using them.
- The Site manages contain links to external web sites and information provided on such external websites by PROTATECH INC. partners and third-party service providers. PROTATECH INC. shall not be reprehensible for the contents of any linked web site, or any changes or updates to such sites. User furthermore agrees that PROTATECH INC. shall not be directly or indirectly blamed or liable for any damage or loss caused or alleged to be caused by or in connection with User use of or reliance on any content, goods or services accessible on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content.
- If User is allowed this Agreement to a free (no fee) version of the Service, to the extent permitted by applicable law, User agrees that (i) PROTATECH INC. has no obligation to provide any particular service level or support services, and (ii) PROTATECH INC. may cease providing the Service at any time without notice.
- PROTATECH INC. will use commercially reasonable security technologies (such as encryption, password protection and firewall protection) in providing the Service, and User shall comply with the applicable PROTATECH INC. security guiding principle and processes made known to User through the Service or otherwise. However, PROTATECH INC. does not control the transfer of data, including but not limited to User Data, over telecommunications facilities, including the Internet, and PROTATECH INC. does not permit the secure operation of the Service or that such security technology will be able to prevent third party disruptions of the Service.
- Each Insertion Order shall define: (i) the Services to be provided to User by PROTATECH INC. and PROTATECH INC. obligations; (ii) the Content, that may be provided to User in furtherance of the Services; (iii) the PROTATECH INC. Materials linked with the Services, (iv) any User obligations; (vi) the term of the Insertion Order; (vii) fees for the Services and (viii) certain other appropriate terms and conditions related to the Services. PROTATECH INC. will not begin any Services unless an Insertion Order governing such Services has been duly executed by both parties. PROTATECH INC. may immediately cease execution the Services, without liability and without prejudice to its payments, if an Insertion Order expires and is not extended or replaced with a valid Insertion Order.
- PROTATECH INC. shall have the right to use third parties (the "Subcontractors") in enactment of its obligations and Services hereunder. Should PROTATECH INC. use any Subcontractors in the enactment of its obligations and Services, PROTATECH INC. shall be fully responsible for User for the acts and omissions of its Subcontractors as it is for PROTATECH INC.'s own acts and omissions. Nothing contained in this Agreement shall create any vowed relationship between any Subcontractor and User.
- Use of the Service by User's direct competitors is prohibited, except with User's prior written consent.
- Use of the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes is prohibited.
INTELLETUAL PROPERTY OWNERSHIP
- Reservation of Rights. By signing this Agreement, User irrevocably acknowledges that User has no ownership benefit in the PROTATECH INC. Materials. PROTATECH INC. shall own all right, title, and interest in such PROTATECH INC. Materials, subject to any limitations associated with intellectual property rights of third parties. All the Content may only be used solely as a part and for the duration of the Service, in accordance with the terms of this Agreement. PROTATECH INC. or its licensors owns all right, title and accomplishment in any and all patent rights, copyrights, trademark rights and other rights in the Site and Service (including, but not limited to the Content, reports, data generated by the Site/Services), as well as any improvements, design contributions or derivative works conceived or created by either party in or to the Service, including the know-how, techniques, or procedures acquired or used by PROTATECH INC. in the performance of Services hereunder. PROTATECH INC. reserves all rights not especially granted herein. This provision does not grant PROTATECH INC. with ownership of User IP as defined above. User shall not remove notices and notations on the Site or in the Service that refer to copyrights, trademark rights, patent rights and other intellectual property rights.
- To the extent that the Services to be provided herein involve PROTATECH INC.'s use of User's trademarks, service marks, trade names, or other intellectual property and content (the "User IP"), User hereby permits PROTATECH INC. to use User IP solely in connection with such listing and list User in its general list of customers. PROTATECH INC. shall comply with User's guidelines regarding use of User IP.
Sharing Your Content and Information
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you precisely give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PROTATECH INC. ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you publish content or information, it means that everyone, can have access to that information and we may not have control over what they do with it.
We do our best to keep PROTATECH INC. safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on PROTATECH INC.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening or objectionable.
- You will not use PROTATECH INC. to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
PROTATECH INC. users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on PROTATECH INC.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- We can remove any content or information you post on ProtaTECH INC. if we believe that it violates this Statement.
- You will not post anyone's sensitive information on PROTATECH INC.
We can make changes for legal or administrative reasons upon notice without opportunity to comment.
- As used herein, the party disclosing Confidential Information is the "Disclosing Party" and the party receiving the Confidential Information is the "Recipient".
- "Confidential Information" shall mean information, which has been labeled in writing as confidential when disclosed or, if the disclosure is made orally or in a presentation, the information will be identified as confidential at the time of disclosure and the Disclosing Party will promptly provide the Recipient a written summary of the confidential information within thirty (30) days. For purposes of this Agreement, "Confidential Information" shall also include the following information belonging to each party: any information, technical data or know-how including, but not limited to, that which comprises or relates to the other party's confidential and proprietary trade secrets, hardware, software (source code and object code), screens, firmware, specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, proprietary or third party content, customer names and other information related to customers, price lists, pricing policies and financial information or other business and/or technical information and materials, in oral, demonstrative, written, electronic, graphic or machine-readable form and any analyses, collations, studies or documents. In all events, PROTATECH INC. Materials shall be deemed to be the Confidential Information of PROTATECH INC. or its third party licensors, to the extent the same is not in the public domain.
- During the term of this Agreement, and for a period of five (5) years from the date of termination hereof and the return of Confidential Information of the Disclosing Party, the Recipient agrees to use the same care and discretion to avoid disclosure, publication, or dissemination of the Disclosing Party's Confidential Information as it would be its own confidential information of like kind, but in any case using reasonable care.
- Nothing in this Agreement shall be construed to convey any title or ownership rights to the Confidential Information of the Disclosing Party or to any patent, copyright, trademark, or trade secret embodied therein, or to grant any other right, title, or ownership interest in the Confidential Information to the Recipient.
- The Recipient shall not be liable for disclosure of Confidential Information if made in response to a valid order of a court or authorized agency of government, provided that notice is promptly given to the Disclosing Party so that a protective order may be sought and other efforts employed to minimize the required disclosure. The Recipient shall cooperate with the Disclosing Party in seeking the protective order and engaging in such other efforts.
- Each party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the Disclosing Party imminent irreparable injury and that the Disclosing Party shall be entitled to seek, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other party does not fulfill its obligations under this Section.
PROTATECH INC. INDEMNITY
PROTATECH INC. will defend, indemnify and hold harmless User, its parents, subsidiaries, distributors, dealers, affiliates, successors or assigns, and their directors, officers, employees and representatives ("User Parties"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs, damages, and expenses, including but not limited to, interest, penalties, court costs, and attorneys' fees collectively "Claims"), resulting or arising out of any gross negligent act or omission, willful misconduct of PROTATECH INC., its officers, directors, subsidiaries, subcontractors, contractors, agents, or employees ("PROTATECH INC. Parties") arising out of or related to PROTATECH INC.'s Services.
PROTATECH INC. shall have no liability under this Section unless: (i) User timely notifies PROTATECH INC. in writing after User becomes aware of a claim; and (ii) PROTATECH INC. has sole control of the settlement, compromise, negotiation, and defense of any such action; and (iii) User cooperates, in good faith, in the defense of any such legal action.