Terms and Conditions

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, protosynth.com (“Website”). The terms, “we” and “our” as used in this Agreement refer to Protosynth.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

LIMITED LICENSE

Protosynth grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of electronic goods and related services through our Website, strictly in accordance with our Legal Terms.

COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Protosynth. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Protosynth aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Protosynth, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Protosynth. Protosynth prohibits use of any logo of Protosynth or any of its affiliates and or vendors as part of a link to or from any Website unless Protosynth approves such link in advance and in writing. Fair use of Protosynth’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

We do not own the products on Protosynth; our authors do. So we cannot take responsibility for the quality, safety or legality of the products. We do not promise that the products or any member content, code, data or materials available on or via the Protosynth Website do not infringe the intellectual property rights of a third party.

We respect the intellectual property rights of others and we require that authors do the same. If you believe that a product or member content infringes an intellectual property right (including copyright) please contact us immediately.

THIRD PARTY WEBSITES

Our Website may contain links to Websites owned or operated by parties other than Protosynth. Such links are provided for your reference only. Protosynth does not monitor or control outside Websites and is not responsible for their content. Protosynth’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Protosynth’s inclusion of the links imply that Protosynth is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Website.

OUR MARKETPLACE

Protosynth provides a digital marketplace and when you create an account and accept these terms you become a member of our community. You must have an account with Protosynth in order to buy and/or sell products like the ones found on our site and make other related transactions.

The Protosynth platform allows members to buy and sell licenses to use digital products like BotBases, Combat Routines, Profiles and much, much more. On Protosynth, buyers and developers (vendors) transact with each other directly and we provide the platform to allow the transactions to happen. Any transactions are logged on your buyer’s account, which records the payments made by you to developers via Protosynth (as a buyer) and by buyers via Protosynth to you (as a developer).

The products sold via Protosynth are owned by the developers, not by us. We provide a platform; we do not take ownership or responsibility of the products.

During your time with us, you agree to follow the rules and conditions outlined in these terms so it is your responsibility to read and understand them. If you do not accept the terms, you will not be allow to participate in our marketplace as your presence on and use of the Protosynth site is conditional upon your acceptance to be bound by these terms and our Privacy Policy.

BROWSING

You shall be 13 years or over to browse the Protosynth Website. We do not knowingly collect any information from anyone aged 13 or under. When browsing the Website you agree to follow our guidelines and/or instructions and keep in mind that these terms apply to any use of our Website whether or not you are a member.

MEMBERSHIP

You shall be 18 years of age or over in order to become a member. If you are under 18 years of age, you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities on the Website.

Membership is free. Your membership will allow you to ‘purchase’ (license) products from developers, participate in our online forums and generally contribute to our community. Membership also grants you the opportunity to become a developer and earn income where applicable.

By accepting these terms, you acknowledge that the information you provide to us is true, accurate and complete and that you will keep your account information up-to-date (including a current e-mail address). Your membership is not transferrable. You are responsible for any use of the Website that occurs in conjunction with your username and password; it is imperative that you keep your password secure and do not let any other person use your username or password. If you become aware of any unauthorized use of your password or any breach of security, please contact us immediately.

Membership is not an automatic right, it is a benefit for community members who follow reasonable rules and treat other community members properly. Our intent is that you will maintain your involvement with our community for the foreseeable future. However, we may, using reasonable discretion, decide whether or not your use of Protosynth complies with these terms. We can suspend or terminate your Protosynth account at any time for any reason (acting reasonably of course) for any of the following reasons:

    1. Breach of these terms;
    2. Acting in a way that does not align with the values of our community; or,
    3. Acting in a way that could cause us or our members harm.

If we do decide to permanently terminate your Protosynth account, you shall not apply for a new account as you will no longer be welcome in our community.

MAKING PURCHASES

When you purchase a product, you acquire the right to use that product – you are not purchasing the rights to the product itself. You will receive a license directly from the developer to use said purchased product (with use for up to five (5) concurrent sessions per key). Products are subject to specific terms of use and these terms are the ‘license’ that we set on Protosynth. The license also applies to you if you download a product that someone else has bought for you (as anyone downloading a product needs to be a Protosynth member). Different license types may or may not be available for you to choose when you have selected a product to purchase. You will need to think about the way you will use the product so that you may select the appropriate license to grant such use. It is your responsibility to choose the appropriate license, if applicable.

Developers can choose how to support paid products. If a developer chooses to support a free product, such support terms will be declared on the product page. All supported products include a support period of no less than 6 months after a product is removed from the Website or in the event that a product is deemed unusable due to unforeseen circumstances such as a content patch or failure of the software required to maintain use of the product. So long as a paid product is listed on the Website, it is considered to be fully supported.

When you ‘purchase’ a product you also receive services from Protosynth, such as buyer support, fraud protection, product quality control and other related buyer services. All products, paid and free, listed on the Website have been tested by Protosynth to confirm all listed features are working as described.

You are responsible for all costs of currency conversion relating to your Protosynth purchases, if applicable. If your financial institution handles the currency conversion, please be aware that they may charge you additional fees (we do not control either the conversion rates or your financial institution’s fees).

When you purchase a Protosynth product you are doing so under the following terms:

    1. You have carefully considered the suitability of your product’s license, if applicable, and that you have chosen one appropriately;
    2. You are not allowed to cancel a completed purchase of a product;
    3. Protosynth and the developer do not guarantee that any particular product will continue to be listed on Protosynth indefinitely, so please download and save the product as soon as your order is complete and available for download;
    4. Once you purchase or download a product and the product has been paid for, you acquire a non-exclusive license to use the product under the terms set out in the license (non-exclusive means others may also license the same product);
    5. The developer retains ownership of the product;
    6. Any relevant details may be provided to the developer of the product in order to facilitate the transaction; for example, invoicing and product support services;
    7. Transaction limits may apply (such as total or daily limits);
    8. We have the right to enforce against you the terms of the license that you have acquired from a developer; and,
    9. You are responsible for paying all other fees and taxes associated with your use of Protosynth wherever levied. Your responsibility includes withholding tax, if it applies, unless we explicitly state that we process said withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (location information you give us must be accurate for tax residency purposes).

We affirm that Protosynth will be suitable for the purposes described on the Website, and that we will provide our platform of services with reasonable skill and care.

We otherwise do not make any express or implied promises about Protosynth (or any products on the Protosynth Website).

The developer of a product you buy promises to you that:

    1. A product is of acceptable quality and fit for the purpose for which it is ‘sold’;
    2. A product matches the description given by the developer on a product page, as well as any product preview or trial period;
    3. A developer will honor any express promises given to you that are not contained in these terms;
    4. A developer has the rights necessary to license a product on the terms of applicable license;
    5. Your use of a product in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
    6. A product and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    7. A product and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
    8. A product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and,
    9. A developer will provide you with the services as outlined in these terms.

REFUNDS / DISPUTES

Given the nature of digital content, we are not required to offer a refund or credit on a purchase unless one of the promises given by the developer in this agreement has been breached, or as required under relevant consumer protection laws. If you would like to request a refund or credit you should contact the developer immediately – they are responsible for approving refunds. Remember, Protosynth is a marketplace. On Protosynth, buyers and developers (vendors) transact with each other directly and we provide the platform to allow the transactions to happen.

The developer will assess refund or credit requests on their merits, considering the digital nature of Protosynth products and the type of product preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

    1. You have changed your mind about a product;
    2. You bought a product by mistake;
    3. You do not have sufficient expertise to use the product;
    4. You ask for goodwill; or,
    5. You can no longer access the product because it has been removed (we advise you to download products as soon as you buy them to avoid this situation).

If the developer decides to issue a refund or credit, this will generally be done using the same manner used to make the purchase. If the product was bought using a particular payment method you will be refunded using the same payment method. Any payment made to you will be made in US Dollars under the rules of this document. If you would like to read PayPal’s refund policies, estimated refund time frames, etc., please review their Help Center Article.

If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your Protosynth account until the dispute raised with the payment agent has been closed. Products that utilize license checking features that are registered to your account may be deactivated during this term. This makes it more complex to resolve any related issues and means we cannot make payments or issue refunds out of your Protosynth account. We encourage buyers to contact the developer directly first to see if we can help resolve any concerns.

LIABILITY AND INDEMNITY

We strive to have Protosynth and the products offered by developers available to you twenty-four (24) hours a day, seven (7) days a week, but you know how the internet works; occasionally, Protosynth may not be accessible and this may happen for any number of reasons, at any time, with or without notice or at our absolute discretion. We may also change aspects of how Protosynth works and/or appears. Protosynth will not be liable to you for any loss you suffer as a result of these circumstances.

If you are agreeing to these terms on behalf of someone else (such as your employer), you are affirming to us that you have the full legal authority to bind that third party.

In some cases, there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and developers are bound only by the express promises made in these terms. Our and each developer’s liability for breach of a non-excludable consumer guarantee is limited, at our or the developer’s option, to replacing or paying the cost of replacing the relevant product or service (unless the non-excludable consumer guarantee says otherwise).

We may block your access, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account or said payment, including if it breaches law or regulation. Examples of where we may do this include transactions where the payment is from or to a person or country sanctioned by an authority (such as the United Nations or the United States government); or, where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You affirm that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we are unable to make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as a developer. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.

Protosynth is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Protosynth products to a U.S. sanctioned country or to anyone on the SDN list.

Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the developers only for the limited purposes of collecting payments, the developers’ providing warranties to buyers, to limit developers’ liability to buyers and the disclaimer of developers’ liability to buyers.

BETWEEN PROTOSYNTH AND MEMBERS

We provide the Protosynth website, not the products on the Protosynth website.

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Protosynth or any content you post to Protosynth (including, if you are a developer, your products).

If you are a buyer, you agree that we are not responsible for and you release us from liability arising out of or in connection with:

    1. The products on Protosynth;
    2. Information provided by developers about their products (including on any product page); and,
    3. Your use of products from Protosynth.

Our liability to you in connection with Protosynth or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

    1. We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data or indirect, consequential or special loss, loss or account termination due to breach of external terms of service, damage or expense; and,
    2. Our total liability to you is limited to the total buyer fees and developer fees paid by you in the 12 months before liability accrued.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against and if you so agree to cooperate with us.

BETWEEN DEVELOPERS AND MEMBERS

Each developer grants to each buyer of the developer’s products a limited indemnity on the following terms:

    1. If another person makes a claim against a buyer that the buyer’s use of the product in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and,
    2. If that buyer promptly notifies the developer of the claim and gives the developer the option to control the defense of the claim (at the developer’s cost), then the developer will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the developer regarding that claim.

The liability of each developer to their buyers is otherwise limited, for each product purchased, to the developer’s earnings from the payment for that product, except to the extent that the developer’s liability arises from willful misrepresentations made about the product.

CHANGES OF PROTOSYNTH TERMS

We may change these terms at any time. You can keep track of whether changes have been made to our terms by referring to the effective date at the top of these terms. You can close your Account and terminate your agreement with us at any time if you do not agree to the terms as listed on this page in their current form. However, if you continue to use Protosynth after the changes are made, then you will be agreeing to the changes.

INTERPRETATIONS

Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.

INDEMNIFICATION

You agree to defend, indemnify and hold Protosynth and its community members, including authors, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any items you purchase through it.

JURISDICTION

By browsing or making a purchase from the Protosynth Website you agree that Protosynth has sole discretion to determine the jurisdiction of the courts or arbitration to handle the resolution of any dispute between us.