Protagonize Terms of Use

Terms and Conditions of Use on Protagonize.

Terms & Conditions of Use

Taunt Media Inc. (the "Operator") maintains this web site, Protagonize.com (the "Web Site"), as a service to its users. By using the Web Site or any other web site owned or operated by the Operator, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review nor submit any information to this Web Site.

1. Acceptance of terms of use and amendments

Each time you use or cause access to this Web Site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this Web Site or a service that is accessed via this Web Site, you will be subject to any rules or guidelines applicable to such service or services, and such rules and guidelines will be incorporated by reference within these Terms of Use. The Privacy Policy of the Web Site is incorporated within these Terms of Use by reference and should be read by every user of this Web Site.

2. Services provided by the Web Site

This Web Site and the services provided to you on and via this Web Site are provided on an "AS IS" basis. You acknowledge and agree that the Operator reserves the right to and shall in its sole discretion have the right at any time to modify or discontinue the provision of this Web Site and any of its services, and to remove any data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you whatsoever, and neither the Web Site nor the Operator will hold any responsibility or liability to any person for the alteration or removal of any content or timelines, or for any failure to store information, any inaccuracy of information, or any improper delivery of information.

3. Links

Neither the Operator nor any administrator of this Web Site have reviewed the contents of any web site linked to on this Web Site or any media embedded within this Web Site and they are not responsible for the contents of any such linked web site or any embedded media, and the use of this Web Site shall be at your sole risk.

4. Your responsibilities and registration obligations

In order to use this Web Site or certain parts of it, you may be required to register for a user account on this Web Site. The act of registering for such user account signifies your agreement to provide truthful information when requested, and, if a minimum age is required for eligibility to view specific content, you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of Use, including any amendments to such Terms of Use made by the Web Site or the Operator that are published herein, whether such amendments are published at the present time or at a later date.

5. Privacy policy

Registration data and other personally identifiable information that the Web Site may collect is subject to the terms of the Privacy Policy of the Web Site.

6. Registration, passwords, and account security

You acknowledge and agree that, when registering for a user account on the Web Site, you will abide by the following rules;

  1. You will not create a false user account or a user account for any person other than yourself without prior written permission of such person for whom the user account is created;
  2. You will not transfer your user account to any other person without first obtaining written permission from the Operator;
  3. You will maintain the confidentiality of your password;
  4. You will keep your contact information accurate and up-to-date;
  5. You will not share your password, permit anyone else to access your user account, or take any action which may jeopardize the security of your user account;
  6. You will be liable and otherwise fully responsible for all usage of your user account and/or your user name or handle, whether such use is authorized or is not authorized by you;
  7. You agree to immediately notify the Web Site administrators of any unauthorized use of your user account, user name or password;
  8. You will not create a user account on the Web Site if you have been convicted of an offence of a sexual nature under the laws of Canada or under the laws of a country other than Canada which, if such act were carried out in Canada, would constitute an offence of a sexual nature under the laws of Canada (an "Offence") and you will terminate your user account immediately if you are convicted of an Offence at any time after you have created your user account;
  9. You will not create a user account if you are under 13 years of age;
  10. You will not at any time create or use a user account for the purpose of advertising any product, service or event, disseminating marketing materials, or posting spam content;
  11. You acknowledge and agree that the Operator reserves and shall at all time maintain the right to remove or reclaim a user name associated with any user account at its sole discretion.

Any violation of the above user account registration terms and policies may result in either a warning, a temporary ban, or a permanent account ban from the Web Site, depending on the severity of the situation. Violations may also trigger the potential permanent deletion of any content posted on the Web Site using such user account, and neither the Operator not any party acting on the instructions of the Operator shall be responsible for any data or associated content lost to any user caused by the deletion of a user account by reason of a violation by the user of the provisions of this section. How each individual case is dealt with is at the sole discretion of the Operator and the agents of the Operator.

By creating an account on the Web Site, you acknowledge and agree that you are aware of the aforementioned terms and you assume the risks involved if you are found to be in violation of such terms.

7. Your conduct

You agree that the presence of all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials on the Web Site ("content"), made available publicly or privately, will be the responsibility of the Web Site user posting such content and of the person whose user account is used to post such content. You acknowledge and agree that your use of the Web Site may expose you to content that you find objectionable or offensive. Neither the Web Site nor the Operator will be responsible to you in any way for content displayed on this Web Site, nor for any error or omission related to such content.

By using this Web Site or any service provided therein, you explicitly agree that:

  1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Web Site or any service provided; designed to manipulate rankings or ratings of your own user account and content or that of other users of the Web Site; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
  2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
  3. you will not collect or harvest any information about other users of the Web Site;
  4. you will not provide, and you will not use this Web Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Web Site to promote or operate any service or content without the site editor's prior written consent;
  5. you will not post content or take any action on the Web Site that infringes or violates the rights of any third party or otherwise which violates the law;
  6. you will not provide any content that may give rise to the Operator or any agent of the Operator being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

Any violation of the above terms of conduct may result in either a warning, a temporary ban, or a permanent account ban from the Web Site, depending on the severity of the situation. Violations may also trigger the potential permanent deletion of any content posted on the Web Site using such user account, and neither the Operator not any party acting on the instructions of the Operator shall be responsible for any data or associated content lost to any user caused by the deletion of a user account by reason of a violation by the user of the provisions of this section. How each individual case is dealt with is at the sole discretion of the Operator and the agents of the Operator.

By creating an account on the Web Site, you acknowledge and agree that you are aware of the aforementioned terms and you assume the risks involved if you are found to be in violation of such terms.

8. Content submitted or made available on this web site or related services

With the exception of the Site Owned User Content (as defined below), the Web Site does not claim ownership of your original creative writing content, including original works of fiction or non-fiction, that you submit or make available for inclusion on the Web Site or related services (the "Creative Writing User Content"). However, with respect to the Creative Writing User Content, you grant the Web Site and the Operator, upon the publication of such content onto publicly accessible areas of the Web Site, the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  1. you agree that by submitting or providing content for inclusion on publicly accessible areas of the Web Site, you grant to the Web Site and the Operator the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Web Site or on any Web Site services or areas, until such time as the content is removed either by yourself or by the Web Site;
  2. you agree to the Web Site’s implementation of the terms of the Creative Commons Attribution-Noncommercial-Share Alike 4.0 License for all content you create or publish while on the Web Site.

Publicly accessible content represents content published or made available in unrestricted areas of the Web Site or its related services. These areas are intended to be available to the general public. Public areas do not include services or areas of the Web Site intended for private communication amongst members.

Messages, ideas, suggestions, pictures and media sent privately to other users or posted to discussion forums or otherwise posted to forums of a conversational or advisory nature, as well as all user profiles and related media (the "Site Owned User Content") shall become the property of the Web Site immediately upon creation or publication by the user of the Web Site and shall be specifically excluded from the terms applicable to the Creative Writing User Content described in this section. For greater clarity herein, neither the Operator nor the Web Site shall be under any obligation to remove any Site Owned User Content from the Web Site or from any other web site at any time.

9. Contributions to this web site

By providing any content to this Web Site:

  1. you warrant and represent that you have all copyright, intellectual property or otherwise all legal, moral, and other rights that may be necessary to grant the Web Site and the Operator the license specified in section 7;
  2. you acknowledge and agree that both the Web Site and the Operator will have the right (but not the obligation), at their sole discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
10. Third-party services

Goods and services of third parties may be advertised by the Web Site and the Operator and/or may be made available on or through this Web Site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Neither the Web Site nor the Operator will in any manner be liable for or responsible for any of your dealings or interaction with any third parties.

11. Indemnification

You agree to indemnify and hold harmless the Web Site and the Operator the representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders of the Operator, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this Web Site or service, your provision of content to this Web Site or any service related to this Web Site, your violation of these Terms of Use, or any other violation by you of the rights of another person or party related to your use of this Web Site, your use of any service related to this Web Site, or the creation of a user account.

12. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE, PROTAGONIZE.COM, AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE OPERATOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE OPERATOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE OPERATOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties and in such cases the offending statements shall be severable from all other statements in the disclaimer and the other terms and conditions shall remain enforceable notwithstanding.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OPERATOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you and any such offending statement shall be severable from all other parts of these Terms of Use, and all other terms and conditions within these Terms of Use shall remain enforceable notwithstanding.

14. Reservation of rights

The Web Site and the Operator reserves all of their rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, or otherwise all intellectual property rights and any other proprietary right that the Web Site and the Operator may have in respect of this Web Site, its content, and goods and services that may be provided therein. The use of the Web Site and the Operator’s rights. and property requires their prior written consent. By making services available to you, neither the Web Site nor the Operator are providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Web Site or the services provided through or by the Web Site without the prior written consent of the Operator.

15. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Web Site editor's copyright agent may be contacted via e-mail to the site administrator.

16. Applicable law

You agree that these Terms of Use and any dispute arising out of your use of this Web Site or products or services provided will be governed by and construed in accordance with local laws applicable at the domicile of the Operator, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this Web Site, or by using this Web Site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the Operator’s domicile, and that any disputes will be heard by the said courts.

17. Miscellaneous information

(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this Web Site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site Operator may assign the Operator’s rights and obligations under these Terms of Use; in this event, the Operator will be relieved of any further obligation.

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