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Terms of Service Agreement

Thank you for using Incubator.org!

Last updated on 20.

These terms of service (the “Terms”) govern your access to and use of www.Incubator.org, and any other services (the “services”) provided by CCLAC Inc. and/or Incubator.org (“we” or “our” or the “Incubator.org Online Community”), so please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms.

You may use the Services only if you have the power to form a contract with Incubator.org and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

1. Your Stuff & Your Privacy

By using our Services you provide us with information, ideas, files, blog postings, videos, pictures, that you submit to Incubator.org (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your stuff, for example, hosting your information or ideas, or sharing them at your direction. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services.

This permission also extends to trusted third parties we work with to provide the Services, for example The3rdParty.co, which provides our hosting server (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, except when ordered by a court, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content or writing that you share, the files, videos or pictures, and your communications with others while using the Services.

For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our Community Guidelines, but you acknowledge that Incubator.org has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

2. Sharing Your Stuff

The Services provide features that allow you to share your content with others or to make it public. There are many things that users may do with that content (for example, copy it, modify it, re-share it).

Please consider carefully what you choose to share or make your idea public. Incubator.org has no responsibility for that activity.

You also agree that your profile on Incubator.org will be visible to all users, except Account Settings, Payment Information, Interface Preferences and Contact Information.

3. Your Responsibilities

The content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Incubator.org, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Us, are responsible for maintaining and protecting all of your stuff. We will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

4. Service Eligibility

To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Incubator.org account, which must be in your real name; and (3) you are not already restricted by Incubator.org from using the Services.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries.

However, if law requires that you must be older in order for Incubator.org to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is that older age. The Services are not for use by anyone under the age of 13.

5. Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.

You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Us of any unauthorized use of your account.

You acknowledge that if you wish to protect your transmission of data or files to Incubator.org, it is your responsibility to use a secure encrypted connection to communicate with the Services.

6. Software and Updates

Some use of our Service may require you to download a client software package.

We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.

Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights.

We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

7. Incubator.org Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

These Terms do not grant you any rights to use the CCLAC, Inc. or Incubator.org trademarks, logos, domain names, or other brand features.

8. Acceptable Use Policy

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Incubator.org Acceptable Use Policy.

You also agree to follow the Community Guidelines, posted by every community you join on the Incubator.org Platform. This contract and all its components will get precedence over any Community Guidelines.

9. Copyright

Incubator.org respects others’ intellectual property and asks that you do too.

We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process.

We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

10. Other Content

The Services may contain links to third-party websites or resources. Incubator.org does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

11. Use of Incubator-Points

The Incubator.org site offers a points exchange system by the name of Incubator-Points.

Use of Incubator-Points in exchange of favors is solely for entertainment purposes. Incubator.org has no liability towards exchanging Incubator-Points in any currency and Incubator.org does not take any financial liability towards the balance of your points.

If there is dispute between two parties on any claim of Incubator-Points, the person granting the points will have 30 days to claim their points back without any question.

Every claim must be filed with a processing fee of $25. You agree to accept the CCLAC, Inc. and/or Incubator.org decision as final on such disputes.

12. Termination

Though we’d much rather you stay, you can stop using our Services any time.

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.

For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.

If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Administrator of independent communities, hosted on the Incubator.org platform, have full right to suspend or terminate the membership of any user, with or without cause.

Termination from one community will not automatically result in terminating your account on Incubator.org.

Incubator.org has no control over who is given access or not on any of the Incubator.org Online Community Groups.

13. Incubator.org is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise.

For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them).

Incubator.org will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

15. Arbitration, Applicable Law, Jurisdiction and Notices

In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, and you are resident of the United States, both you and us hereto shall use our best efforts to settle the dispute, claim, question, or disagreement. To this effect, you and us shall consult and negotiate with each other in good faith and, recognizing our mutual interests, attempt to reach a just and equitable solution satisfactory to both of us. If you and us do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

In the event of any controversy or claim arising out of or relating to this contract and you are not a resident of the United States, you and us hereto shall consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a solution satisfactory to both parties. If you and us do not reach settlement within a period of 60 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the International Mediation Procedures of the International Centre for Dispute Resolution. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.

You agree that the laws of the State of Arizona, U.S.A., shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Pima County, Arizona, USA, and we each agree to personal jurisdiction in those courts.

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Agreement, that does not mean that Incubator.org has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Incubator.org may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.

You agree that these arbitration, applicable law and jurisdiction clauses will also govern any relationship between you and another Incubator.org user, unless another contract between you and the others user establishes an independent relationship.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the following address:

Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

16. Premium Account Packages

Billing: Some aspects of the Services are provided free of charge and some require a paid subscription (“Premium Account”).

You can add Incubator.org paid features to your account by subscribing to any of the Premium Packages, listed on the pricing page at https://incubator.org/pricing. 

We'll automatically bill you from the date you convert to a Premium Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.

No Refunds: You may cancel your Incubator.org Premium Account at any time but you won't be issued a refund unless it's legally required.

Downgrades: Your Premium Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Premium Account on time, we reserve the right to suspend it or reduce your access to free features.

Fee Changes: We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Payments: If you purchase any of our Premium Account Packages, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

  1. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

  2. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (and to facilitate easy payment for new services).

  3. You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.

  4. Taxes are calculated based on the billing information that you provide us at the time of purchase.

 17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CCLAC, INC., INCUBATOR.ORG, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT INCUBATOR.ORG HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNT OF $20 OR THE AMOUNTS PAID BY YOU TO INCUBATOR.ORG WITHIN THE PAST THREE MONTHS OF THE SERVICES IN QUESTION, FROM THE DATE OF FILING SUCH CLAIM. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

18. Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

19. Miscellaneous Legal Terms

These Terms constitute the entire and exclusive agreement between you and Incubator.org with respect to the Services, and supersede and replace any other agreements, terms, and conditions applicable to the Services. These Terms create no third-party beneficiary rights. Incubator.org’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Incubator.org may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Incubator.org and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Incubator.org for Online Communities Agreement

This Incubator.org for Online Communities Agreement (the “Agreement“) is between CCLAC, Inc., an Arizona Educational Non-Profit Corporation, the Incubator.org Online Community platform, and Customer or End User, as applicable.

Last updated on 20 October 2024

Incubator.org for Online Communities is a Software as a Service (SaaS) platform, offering different hosted communities (Groups), including but not limited to Incubator.org Innovations in Educational Technology Online Community Group, and Incubator.org Problem Solving for Senior Care Online Community Group (collectively the “Services”). This Agreement governs access to and use of the Services through any client software.

The Customer ordering the Services:
If you are ordering the Services, then by clicking “I Agree,” signing your contract for the Services or using Incubator.org for Online Communities, you agree to this Agreement as a “Customer.” If you are agreeing to this Agreement for use by an organization, you are agreeing to this Agreement on behalf of that organization. You must have the authority to bind that organization to this Agreement, otherwise you must not sign up for the Services.

End Users:
If you are using the Services as an “End User“, then by clicking “I Agree” or using Incubator.org for Online Communities you agree to this Agreement (especially note sections 1, 4, 6, 7, and 8) and the Incubator.org Terms of Service Agreement.

To the extent this Agreement conflicts with the Incubator.org Terms of Service Agreement, Incubator.org Terms of Service Agreement controls.

Please take note that in this Agreement, you are agreeing that your Administrator may be able to control account information and access to your Incubator.org for Communities account.

1. End Users Only Terms

1.1 Accounts. When joining an Incubator.org for Online Communities account, an End User may join with a new account or convert an existing personal account into an Incubator.org for Online Communities account. It’s important to note that once an End User’s personal account becomes an Incubator.org for Online Communities account, it will be subject to the Administrator’s control. End Users must use the Services in compliance with any employment obligations and the Customer’s terms and policies.

1.2 “Third Party Request” means a request from a third party for records relating to an End User’s use of the Services including information in or from an End User or Customer Incubator.org for Online Communities account. Third Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users permitting a disclosure.

1.3 Administrator Control. An End User’s Administrator may have the ability to access, disclose, restrict, or remove information in or from an End User’s Incubator.org for Online Communities account. Administrators may also have the ability to monitor, restrict, or terminate access to an End User’s Incubator.org for Online Communities account. An End User may not be able to disassociate his or her Incubator.org for Online Communities account from the organization.

2. Customer Only Terms.

2.1 Compliance. Customer will use the Services in compliance with the Incubator.org Terms of Service including the Acceptable Use Policy. Customer will obtain and maintain any consents from End Users to allow Administrators to engage in the activities described in this Agreement and to allow Incubator.org to provide the Services. Customer represents, and must ensure, that its End Users are governed by this Agreement, the Incubator.org Terms of Service, and consent to the Incubator.org Privacy Policy.

2.2 Customer Administration of the Services. Customer may specify End Users as “Administrators” through the administrative console. Customer is responsible for: (i) maintaining the confidentiality of passwords and Administrator accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrator use of the Services complies with this Agreement. Incubator.org’s responsibilities do not extend to the internal management or administration of the Services for Customer.

2.3 Unauthorized Use & Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of the Services. The Services are not intended for use by End Users under the age of 13. Customer will ensure that it does not allow any person under 13 to use the Services. Customer will promptly notify Incubator.org of any unauthorized use of, or access to, the Services.

2.4 Restricted Uses. Customer will not (i) sell, resell, or lease the Services or (ii) use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury. Customer, not Incubator.org, is responsible for any applicable vertical or industry-specific regulation compliance (e.g. HIPAA).

2.5 Third Party Requests. Customer is responsible for responding to Third Party Requests via its own access to information. Customer will seek to obtain information required to respond to Third Party Requests and will contact Incubator.org only if it cannot obtain such information despite diligent efforts.

Incubator.org will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of Incubator.org’s receipt of a Third Party Request; (B) comply with Customer’s commercially reasonable requests regarding its efforts to oppose a Third Party Request; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then Incubator.org may, but will not be obligated to do so.

2.6 Communication Setting Management. Customer is responsible for maintaining all “opt-in/out” settings for communications from or via Incubator.org for all of Customer’s End Users. Customer will use reasonable efforts to answer any requests from End Users regarding such settings.

2.7 Provision of Services. Customer may access and use the Services made available by Incubator.org under this Agreement.

2.8 Facilities and Data Transfer. Incubator.org will use commercially reasonable efforts to ensure that all facilities used to store and process Customer Data meet commercially reasonable security standards. By using the Services, Customer consents to transfer, processing, and storage of Customer Data. “Customer Data” means any data and content stored or transmitted via the Services by Customer or End Users.

2.9 Modifications to the Services. Incubator.org may update the Services from time to time. If Incubator.org changes the Services in a manner that materially reduces their functionality, Incubator.org will inform Customer, unless Customer has opted-out of communications of that type from Incubator.org.

2.10 Limitations on Use of Services. Incubator.org may impose reasonable limitations on bandwidth usage, number of End Users accessing the Service, and disk space usage for the Services.

2.11 Support. Customer will, at its own expense, respond to questions and complaints from End Users or third parties relating to use of the Services. Customer will use reasonable efforts to resolve support issues before escalating them to Incubator.org.

2.12 Suspension of End User Accounts by Incubator.org. If an End User (i) violates this Agreement or the Incubator.org Terms of Service; (ii) uses the Services in a manner resulting in excessive support requests; or (iii) uses the Services in a manner that Incubator.org reasonably believes will cause it liability, then Incubator.org may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then Incubator.org may do so.

2.13 Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then Incubator.org may automatically suspend use of the Services. Incubator.org will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency. “Security Emergency” means: (i) use of the Services that do or could disrupt the Services, other customers’ use of the Services, or the infrastructure used to provide the Services and (ii) unauthorized third party access to the Services.

3. Intellectual Property Rights.

3.1 Reservation of Rights. THIS AGREEMENT DOES NOT GRANT CCLAC, INC. AND/OR INCUBATOR.ORG ANY RIGHTS TO CUSTOMER’S OR END USERS’ FILES OR THE INTELLECTUAL PROPERTY RIGHTS EMBODIED IN THOSE IDEAS, FILES, PLANS EXCEPT FOR THE LIMITED RIGHTS EXPRESSLY SET FORTH IN THIS AGREEMENT THAT ARE NEEDED TO RUN THE SERVICES. This Agreement does not grant Customer or End Users (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use CCLAC, Inc. and/or Incubator.org trademarks, logos, domain names, or other brand features.

3.2 “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.

3.3 Limited Permission. Incubator.org may need Customer permission to do things that Customer or End User ask Incubator.org to do with Incubator.org for Communities accounts, for example, hosting data, files, or sharing them at Customer or End User’s direction. This includes product features visible to Customer or End User, for example, image thumbnails or document previews. It also includes design choices made to technically administer the Services, for example, how the Service redundantly backs up data to keep it safe. Customer grants Incubator.org the permissions Incubator.org needs to do those things solely to provide the Services and for Incubator.org to meet its obligations and exercise its rights under this Agreement. This permission also extends to third parties Incubator.org works with to provide the Services, for example The3rdParty.co, which provides Incubator.org’s hosting infrastructure (again, only to provide the Services).

3.4 Suggestions. While we appreciate it when users send us feedback, we may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions Customer or End Users send Incubator.org or post in Incubator.org’s forums without any obligation to Customer or End Users.

3.5 Customer List. Incubator.org may publish Customer’s name, address, Company Logo, Contact for the Administrator in a list of Incubator.org Customers on the Incubator.org website.

3.6 Third Party Services. If Customer uses any third-party service with the Services, (a) the service may access or use Customer’s or End User’s information; (b) Incubator.org will not be responsible for any act or omission of the third party, including the third party’s use of Customer’s or End User’s information; and (c) Incubator.org does not warrant or support any service provided by the third party.

4. Disclaimers.

4.1 THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER INCUBATOR.ORG NOR CUSTOMER MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT. INCUBATOR.ORG MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION IN OR FROM AN END USER OR CUSTOMER SERVICES ACCOUNT.

4.2 Incubator.org is not responsible for the accuracy, completeness, appropriateness, or legality of ideas, files, user posts, or any other information in or from an End User or Customer Services account. Incubator.org has no responsibility or liability for the deletion or failure to store any information in or from an End User or Customer Services account.

5. Fees & Payment.

5.1 Fees. Customer will pay, and authorizes Incubator.org to charge using Customer’s selected payment method, for all applicable fees. If Customer enrolls in the annual billing plan, fees are refundable within the first 30 days of the Services. Otherwise, fees are non-refundable except as required by law. Customer is responsible for providing complete and accurate billing and contact information to Incubator.org. Incubator.org may suspend or terminate the Services if fees are 30 days past due.

5.2 Auto Renewals and Trials. IF CUSTOMER’S ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, INCUBATOR.ORG MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS CUSTOMER NOTIFIES INCUBATOR.ORG THAT CUSTOMER WANTS TO CANCEL OR DISABLE AUTO RENEWAL. Incubator.org may revise Service rates by providing Customer at least 30 days notice prior to the next charge.

5.3 Taxes. Customer is responsible for all taxes. Incubator.org will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Incubator.org with an official tax receipt or other appropriate documentation.

6. Term & Termination.

6.1 Term. This Agreement will remain in effect until Customer’s subscription to the Services expires or terminates, or until the Agreement is terminated.

6.2 Termination for Breach. Either Incubator.org or Customer may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice or (ii) the other party ceases its Communities operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

6.3 Termination at Will. Customer may terminate this Agreement at any time by disabling Customer’s Services account via the Services administrative console.

6.4 End User Termination. End Users may stop using the Services at any time. If an End User’s Incubator.org for Communities account is converted into a personal account, this Agreement will terminate for that account with respect to the End User except that the Incubator.org Terms of Service will continue to apply.

6.5 Effects of Termination. If this Agreement terminates: (i) the rights granted by Incubator.org to Customer will cease immediately (except as set forth in this section); (ii) the rights granted by Incubator.org to End User will cease immediately; (iii) Incubator.org may provide Customer access to its account at then-current rates so that Customer may export its information; and (iv) after a commercially reasonable period of time, Incubator.org may delete any data relating to Customer’s account. The following sections will survive expiration or termination of this Agreement: 1(b) (Administrator Control), 2(e) Third Party Requests, 6 (Intellectual Property Rights), 8 (Disclaimers), 9 (Fees & Payment), 10(d) (End User Termination), 10(e) (Effects of Termination), 11 (Indemnification), 12 (Limitation of Liability), and 13 (Miscellaneous).

7. Indemnification.

7.1 By Customer. Customer will indemnify, defend, and hold harmless Incubator.org from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding: (i) Customer Data; (ii) Customer’s use of the Services in violation of this Agreement or Acceptable Use Policy; or (iii) use of the Services by Customer’s End Users.

7.2 By Incubator.org. Incubator.org will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a claim by a third party against Customer to the extent based on an allegation that Incubator.org’s technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will Incubator.org have any obligations or liability under this section arising from: (i) use of any Services in a modified form or in combination with materials not furnished by Incubator.org, and (ii) any content, information, or data provided by Customer, End Users or other third parties.

7.3 Possible Infringement. If Incubator.org believes the Services infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then Incubator.org may: (i) obtain the right for Customer, at Incubator.org’s expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Incubator.org does not believe the options described in this section are commercially reasonable then Incubator.org may suspend or terminate Customer’s use of the impacted Services (with a pro- rata refund of pre-paid fees for the Services).

7.4 General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the other party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE INCUBATOR.ORG’S AND CUSTOMER’S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

7.5 Limitation of Liability. Limitation on Indirect Liability. EXCEPT FOR INCUBATOR.ORG’S OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, NEITHER INCUBATOR.ORG NOR CUSTOMER WILL BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.

7.6 Limitation on Amount of Liability. INCUBATOR.ORG’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $10,000 OR THE AMOUNT PAID BY CUSTOMER TO INCUBATOR.ORG HEREUNDER DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS LOWER.

8. Miscellaneous.

8.1 Terms Modification. Incubator.org may revise this Agreement from time to time and the most current version will always be posted on the Incubator.org for Communities website. If a revision, in Incubator.org’s sole discretion, is material, Incubator.org will notify you (for example to the email address associated with the applicable account). Other revisions may be posted to Incubator.org’s blog or terms page, and you are responsible for checking such postings regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may cancel the Services. If the revision is material and Customer cancels before the effective date of the revision, Incubator.org will refund a pro-rated amount of any fees Customer paid in advance for the Services for the unused portion of the term. If End User does not agree to the revised Agreement terms, End User must stop using the Incubator.org for Communities account. Customer may grant approvals, permissions, extensions and consents by email.

8.2 Entire Agreement. The Agreement, including Customer’s invoice, the Incubator.org Terms of Service constitute the entire agreement between you and Incubator.org with respect to its subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Agreement, the Incubator.org Terms of Service,

8.3 Governing Law. THE AGREEMENT AND SERVICES WILL BE GOVERNED BY ARIZONA LAW. ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF PIMA COUNTY, ARIZONA, AND THE PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

8.4 Severability. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect.

8.5 Notice. Notices must be sent to the applicable account email address, which is Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

8.6 Waiver. A waiver of any default is not a waiver of any subsequent default.

8.7 Assignment. Customer may not assign or transfer any part of this Agreement without the written consent of Incubator.org. Incubator.org may not assign this Agreement without providing notice to Customer, except Incubator.org may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.

8.8 No Agency. Incubator.org and Customer are not legal partners or agents, but are independent contractors.

8.9 Force Majeure. Neither Incubator.org nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).

8.10 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer’s End Users are not third party beneficiaries to Customer’s rights under this Agreement.

8.11 Export Restrictions. The export and re-export of data via the Services may be controlled by the United States Export Administration Regulations. The Services may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States and Customer must ensure that Administrators and End Users do not use the Services in violation of any export restriction or embargo by the United States. In addition, Customer must ensure that the Services are not provided to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Incubator.org Acceptable Use Policy

Incubator.org is used by a number of people, and we are proud of the trust placed in us.

In exchange, we trust you to use our services responsibly.

Last updated on 20 October 2024

You agree not to misuse the Incubator.org services. For example, you must not, and must not attempt to, use the services to do the following things:

  1. Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

  2. Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided in Incubator.org Profile);

  3. Use an image that is not your likeness or a head-shot photo for your profile;

  4. Create a false identity on Incubator.org;

  5. Misrepresent your current or previous positions and qualifications;

  6. Misrepresent your affiliations with a person or entity, past or present;

  7. Misrepresent your identity, including but not limited to the use of a pseudonym;

  8. Create a Member profile for anyone other than yourself (a real person);

  9. Invite people you do not know to join your network;

  10. Use or attempt to use another’s account;

  11. Harass, abuse or harm another person;

  12. Send spam or other unasked for communications to others;

  13. Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

  14. Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

  15. Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));

  16. Violate intellectual property rights of others, including patents, trademarks, trade secrets,copyrights or other proprietary rights;

  17. Violate the intellectual property or other rights of Incubator.org, including, without limitation, using the word “Incubator.org” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;

  18. Use Incubator.org Connection Requests to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;

  19. Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Incubator.org;

  20. Send messages to distribution lists, newsgroup aliases, or group aliases;

  21. Post anything that contains software viruses, worms, or any other harmful code;

  22. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;

  23. Create profiles or provide content that promotes escort services or prostitution.

  24. Creating or operate a pyramid scheme, fraud or other similar practice;

  25. Copy or use the information, content or data of others available on the Services (except as expressly authorized);

  26. Copy or use the information, content or data on Incubator.org in connection with a competitive service (as determined by Incubator.org);

  27. Copy, modify or create derivative works of Incubator.org, the Services or any related technology (except as expressly authorized by Incubator.org);

  28. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;

  29. Imply or state that you are affiliated with or endorsed by Incubator.org without our express consent;

  30. Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;

  31. Sell, sponsor, or otherwise monetize an Incubator.org Community or any other feature of the Services, without paid subscription, unless authorized by Incubator.org through a clear consent;

  32. Deep-link to our Services for any purpose other than to promote your profile or Community on Incubator.org (as set forth in the Brand Guidelines), without Incubator.org’s consent;

  33. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;

  34. Remove, cover or obscure any advertisement included on the Services;

  35. Collect, use, copy, or transfer any information obtained from Incubator.org without the consent of Incubator.org;

  36. Share or disclose information of others without their express consent;

  37. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;

  38. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

  39. Monitor the Services’ availability, performance or functionality for any competitive purpose;

  40. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

  41. Access the Services except through the interfaces expressly provided by Incubator.org, and special community URLs;

  42. Override any security feature of the Services;

  43. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

  44. Violate Community Guidelines for the Incubator.org Online Community (Group) you are member of.

Incubator.org DMCA Policy

Incubator.org (“Incubator.org”) respects the intellectual property rights of others and expects its users to do the same.

Last updated on 20 October 2024

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf,

Incubator.org will respond expeditiously to claims of copyright infringement committed using the Incubator.org service and/or the Incubator.org website (the “Site”) if such claims are reported to Incubator.org’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and sending an email message as designated below.

Upon receipt of Notice as described below, Incubator.org will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

 DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

Provide your school, senior care facility, company or non-profit organization affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to: pablo @ the3rdparty dot co