Prometheus Terms of Service

Last Updated: January 4, 2025

Welcome to Prometheus! These Terms of Service (“Terms”) form a binding legal agreement between you and The Watcher Society (collectively, “Prometheus,” “Company,” “we,” or “us”). These Terms govern your access to and use of the Prometheus website(s) (including https://www.prometheus.social and https://www.thewatchersociety.org), our content creation and social media publishing tools, and any other services we make available to you (collectively, the “Services”).

Please read these Terms carefully, as they include important information about your legal rights. By creating an account or otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

In these Terms, “you” or “your” means the individual using our Services. If you are using the Services on behalf of a company or other entity, then (a) “you” includes both you and that entity, (b) you represent and warrant that you are authorized to bind that entity to these Terms, and (c) you agree to these Terms on the entity’s behalf.

IMPORTANT NOTICE – ARBITRATION AND CLASS ACTION WAIVER
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (1) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, AND (2) TO WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.
YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED BELOW.

1. Use of the Services

1.1 Eligibility & Registration

  • Age Restrictions: You must be at least 13 years old to use the Services. If you are an EU resident, you must be at least 16 years old. If you do not meet the applicable age requirement, you are not permitted to use the Services.
  • Registration: When you create an account, you agree to provide accurate and complete information about yourself. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. If you become aware of any unauthorized use of your account, you must immediately notify Prometheus at [email protected].

1.2 Connecting Social Media Accounts

Prometheus allows you to connect your social media accounts (e.g., Facebook, Twitter/X, LinkedIn, Instagram, YouTube, TikTok, and similar platforms) so that Prometheus can generate and publish content—including comments and replies—on your behalf. By connecting your social media account(s) to the Services, you represent and warrant that you have the right to grant Prometheus access to and use of your social media account(s). You further acknowledge and agree that:

  1. Consent to Publishing: Prometheus may draft and/or publish text, images, videos, or other posts on your social media account(s) as authorized by you.
  2. Compliance with Third-Party Terms: You will comply with all applicable third-party terms of service (e.g., the terms of each social media platform you use through Prometheus).
  3. User Responsibility: You are solely responsible for reviewing, approving, or otherwise controlling the content that Prometheus creates or publishes on your behalf. You are also responsible for ensuring any content posted complies with all laws and regulations that apply to you or your business.

1.3 General Practices Regarding Use and Storage

You acknowledge that Prometheus may set general practices concerning use of the Services, including limits on data storage and retention. Prometheus may, at its sole discretion and at any time, modify these practices without notice. You agree that Prometheus has no responsibility or liability for the deletion of, or failure to store or transmit, any content maintained on or transmitted through the Services.

1.4 Email Notifications

By using the Services, you consent to receive notifications electronically, such as via email, to the address you provide. These notifications may concern your account, changes to the Services, marketing messages, or other relevant information.

2. Conditions of Use

2.1 User Conduct

You agree that you are solely responsible for any content (including text, images, videos, and any other information or materials) you submit or publish through the Services, either directly or by using the Services to post on your connected social media accounts. You further agree that you will not:

  1. Submit or Publish Content That:

    • Infringes or violates any intellectual property rights or rights of privacy/publicity of any third party.
    • Violates any applicable law or regulation.
    • Contains harmful code, viruses, malware, or other items intended to damage or interfere with software, hardware, or network equipment.
    • Constitutes hate speech or other content that promotes discrimination, harassment, or violence based on race, ethnicity, national origin, religion, gender, sexual orientation, age, or disability.
    • Is obscene, pornographic, or otherwise objectionable.
    • Violates any local, state, national, or international law, or encourages conduct that would constitute a criminal offense.
    • Facilitates or depicts the sexual exploitation of minors.
    • Provides or solicits personal information in violation of applicable laws or regulations.
    • Is defamatory, libelous, or intentionally false and harmful.

  2. Use the Services to:

    • Impersonate any individual or entity or otherwise misrepresent your affiliation with an individual or entity.
    • Interfere with or disrupt the Services or the servers, networks, or platforms connected to the Services.
    • Harvest or collect information about other users without their consent.
    • Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services.
    • Lease, sell, or sublicense the Services in whole or in part.

2.2 Enforcement

We reserve the right (but have no obligation) to review, remove, or modify content, and to investigate or take appropriate action against anyone who, in our sole discretion, violates these Terms. This may include removing or modifying content, terminating or suspending your account, or reporting you to law enforcement authorities.

3. Intellectual Property Rights

3.1 Your Content

  • Ownership: You retain whatever ownership rights you have in the content you post or submit through the Services or through your connected social media accounts.
  • License to Us: By submitting or posting content through Prometheus, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, display, copy, modify (for technical purposes, e.g., reformatting), and otherwise use your content solely for the purpose of providing and improving the Services.

3.2 Prometheus Content and Software

All content, trademarks, service marks, and logos on the Services that are not user-generated (collectively, “Prometheus Materials”) are the property of The Watcher Society or its licensors and are protected by intellectual property laws. You are granted a limited, nontransferable license to access and use the Services. You agree that you will not reproduce, distribute, modify, or create derivative works of any Prometheus Materials without our express written permission.

3.3 Feedback

Any feedback, comments, or suggestions (“Feedback”) you provide regarding the Services is entirely voluntary. We may use such Feedback for any purpose without obligation or compensation to you.

4. Copyright Infringement (DMCA) Policy

Prometheus respects the intellectual property rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please notify us by emailing [email protected] with “DMCA Notice” in the subject line. Your notice should include:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing and enough information to allow us to locate the material.
  4. Your contact information.
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement made under penalty of perjury that the information you provided is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

We reserve the right to remove content and terminate the accounts of repeat infringers or users who repeatedly violate intellectual property laws.

5. Third-Party Websites and Services

Our Services may contain links to or integrate with third-party websites or services. We do not control or endorse these websites or services. You agree that we are not responsible or liable for any issues arising from your use of or reliance on third-party websites or services. Any dealings you have with third parties found while using the Services are between you and the third party.

6. Indemnification

You agree to release, defend, indemnify, and hold harmless The Watcher Society, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your:

  1. Use or misuse of the Services.
  2. Violation of these Terms or of any law, regulation, or the rights of any third party.
  3. Content you post or submit via the Services or on your social media accounts through Prometheus.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROMETHEUS AND THE WATCHER SOCIETY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROMETHEUS DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT CONTENT POSTED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL PROMETHEUS OR THE WATCHER SOCIETY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOSSES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT WILL PROMETHEUS’S OR THE WATCHER SOCIETY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO PROMETHEUS (IF ANY) FOR USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Dispute Resolution by Binding Arbitration

Please read this section carefully, as it affects your rights.

  1. Agreement to Arbitrate. You and Prometheus agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services shall be resolved by binding arbitration on an individual basis, except that you may assert individual claims in small claims court if they qualify.
  2. Class Action Waiver. You and Prometheus each waive the right to participate in any class action or representative proceeding.
  3. Arbitration Procedure. A neutral arbitrator will administer the arbitration in accordance with the rules of JAMS (or a comparable organization) in the city of San Francisco, California, unless both parties agree otherwise. The arbitrator has the exclusive authority to resolve all disputes, including questions of arbitrability and the scope of this arbitration clause.
  4. Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.
  5. Opt-Out. You may opt out of arbitration by sending an email to [email protected] within 30 days of first accepting these Terms with a subject line stating “Opt Out of Arbitration.”
  6. Severability. If any part of this arbitration clause is deemed invalid or unenforceable, the remainder shall still be enforceable, except that if the waiver of class or representative actions is found unenforceable, the entire arbitration clause shall be void.

10. Termination

You agree that Prometheus, in its sole discretion, may suspend or terminate your account or access to the Services at any time, with or without notice, for any reason, including for violation of these Terms. In the event of termination, the licenses granted by you to Prometheus will remain in effect as described herein. Prometheus will not be liable to you or any third party for termination of your access to the Services.

11. General

  1. Entire Agreement. These Terms constitute the entire agreement between you and Prometheus regarding the Services and supersede all prior agreements regarding the Services.
  2. Choice of Law. These Terms will be governed by and construed under the laws of the State of California without regard to its conflicts of laws principles. Subject to the arbitration provisions above, any disputes relating to these Terms shall be brought in the state or federal courts located in Santa Clara County, California.
  3. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the remaining provisions will remain in full force and effect.
  4. No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  5. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely without restriction.
  6. Notices. We may provide notices to you by email, regular mail, or postings on the Services.
  7. Changes to These Terms. We reserve the right to modify these Terms at any time. If we do, we will post the updated Terms and indicate the date of the latest revision. Changes will become effective 14 days after posting (or immediately if made for legal reasons or relating to new features). Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms.

Contact Us

If you have any questions, concerns, or comments about these Terms or the Services, please contact our support team at [email protected].

Thank you for choosing Prometheus!

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