TERMS OF SERVICE
This website is owned and operated by Incubranding, LLC. (“Company,” “we,” or “us”or “our”), through our website Incubranding.com (“Website”), offers [Product/Service name(s)] (collectively, “Products and Services”), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the “Terms”), which may be updated by us from time to time.
By accessing our Website and/or using our Products and Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NEITHER CONTINUE WITH THE PROCESS OF REGISTRATION NOR FURTHER USE THE SERVICES. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
ACCESS TO THE WEBSITE AND RESTRICTIONS ON YOUR USE
The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.
Definition. The “Services” consist of a suite of online marketing and management tools for search engine optimization (“SEO“), social media and digital marketing located at https://www.Incubranding.com/ (the “Website“), which includes tools for research and analysis, link building, campaign management, automated tracking of search engine performance, analytics and conversion tracking and SEO reports, instruments for content and contact management. Among other things, the Services enable Users to (a) conduct internet-advertising campaigns, (b) obtain information related to their ongoing advertising campaigns, (c) generate reports and analytics on web pages or advertising campaigns, and (d) access an extensive array of resources, including but not limited to, an online platform and its application programming interface (“API“).
Changes. We reserve the right to change the terms or specifications of any Services in our discretion, with or without prior written notice to the Users, by replacement of text of this Agreement or description of paid subscription plans on the Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with Incubranding. Your continued use of the Services following our notice of change will constitute a binding acceptance of the Agreement, as amended.
Additional Services. Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Services, including the release of new Incubranding services, shall be subject to this Agreement.
Right to Use Services. Incubranding hereby grants you permission to use the Services and the Website solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.
Suspension or Termination of Services. Notwithstanding anything stated or implied to the contrary in this Agreement, we may at any time, without derogating from our other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all of the Services, effective immediately upon issuance of a written notice. Such suspension or termination may also apply, as the case may be, to specific jurisdictions, lines of business and otherwise or to a specific customer or a group of Users. Notwithstanding the foregoing, solely with respect to Users of paid Services, whenever reasonably possible, such Users may be given up to thirty (30) days after notice of suspension or termination of their User account to back-up the data stored in their account before it may be removed entirely from our servers.
Third Party Services. We reserve the right to use third party service providers in the provisions of all or part of the Services including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the User may be subject to such third party’s terms and conditions. We accept no responsibility for services provided by any third party.
2. REGISTRATION AND ACCOUNT
Use of the Services. You may use the Services either as a registered or as an unregistered User. However, you may not use the Services, either as a registered or an unregistered User if you are not of legal age to enter into a contract in your jurisdiction or if do not have the authority to accept this Agreement. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible. Registering as a User may provide you with the following additional benefits over using the Services in a visitor (non-registered) capacity: tracking marketing campaigns and seeing requests history, keeping your preferences and other settings, etc.
User Representations. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not violate any applicable law or regulation.
Registration; Billing. To register as a User, you have to create a user account on the Website by following registration procedures and instructions set forth therein. There is no cost to create a Incubranding User account. However, in order to access certain paid features of the Services, you will be required to provide billing details. As a registered User, you agree to notify us promptly of any changes to your billing details.
User Responsibilities. You are responsible for all of the following with respect to your use of the Services:
- Maintaining the security of your User account and all the activity that occurs on your User account;
- Maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary;
- Obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges); and
- Obtaining and maintaining all equipment necessary to access the Services.
Prohibited Uses. You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
- No Illegal Purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws.
- No Tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. You will not upload or transmit viruses, worms or any other destructive code. The restriction in this Section applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services.
- Permission Required. You may not, without our prior written permission and, solely with respect to lease, resale and sublicense, except as may be specifically allowed under your paid subscription plan, (i) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services or any data resulting therefrom; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (iii) make derivative works of the Services; (iv) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services; (v) modify another website so as to falsely imply that it is associated with the Services, Incubranding or any other Incubranding products or services; or (vi) make the Website or Services or any part thereof available to others in a service undertaking or outsourcing arrangement or for any other commercial time-sharing, data processing or other third party use.
- Inquiries. You agree not to forward (i) more than 10 inquiries per 1 second from one unique IP address, (ii) more than 10 simultaneous inquiries from 1 User, or (iii) more than 2 simultaneous export inquiries.
- Automatic Inquiries. All automatic inquiries are prohibited.
Special Access and Testing. If you are invited or clearly provided with access to beta testing new tools and resources, which are not made available to our users broadly (“closed beta”), you should not rely on, nor expect, the continued availability of these new tools and resources. Any such access to beta test new tools and resources, if any, is conditioned upon your agreement not to disclose any information about these new tools and resources or your experience with using them to third parties.
Assignment. A User may not assign, transfer, exchange, pool or barter any of its rights or obligations under this Agreement or the User account, unless expressly permitted by Incubranding in writing. Any violation of the foregoing restrictions is grounds for immediate User account termination. For changes in access under corporate subscriptions to the Services we may require from you a detailed explanation of changes in your circumstances, along with confirmation of employment and other reasonable information and relevant documents.
De-Registration. You may delete your User account at any time. Note that doing so will delete all your data and information stored on Incubranding servers and Incubranding will bear no responsibility for such loss of data or information. All Service fees incurred prior to de-registration will be due and owing, until paid in full, such de-registration notwithstanding.
Termination by Incubranding Incubranding reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
5. OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS
All Rights Reserved. User acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, data base rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to User or for User’s use under this Agreement and any work products created and/or delivered herein and related documentation (forming the Incubranding Website and Services) are and will remain solely and exclusively our property and/or the property of Incubranding, Incubranding licensors or affiliates. User is granted no title or ownership rights in the Incubranding Website or Service. User’s right to use the Website, Services and any part thereof is strictly limited to the provisions of this Agreement and we reserve all rights not expressly granted herein.
User’s Marks. User hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use User’s brands, names, logos, trademarks, trade names and service marks as used by User for informational and advertising purposes only.
User hereby assigns all of User’s right, title, and interest in such idea, suggestion, comment, or feedback to Incubranding and agrees that Incubranding will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.
Termination Right. Either party may terminate this Agreement at any time in its sole discretion with written notice to the other if terminated by Incubranding, which notice shall be at least 30 days prior to the termination date if to a User of paid Services.
Effect of Termination. Upon termination of this Agreement, all rights of the affected User with respect to the use of Website or Services shall terminate immediately.
Survival. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
7. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPELTENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE WEBSITE.
Limitation of Liability. In no event shall Incubranding, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Services or the Website. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) fifty dollars ($50) or (b) amounts you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Third Party Products and Services. Incubranding does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Incubranding will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Other Jurisdictions. We make no representations that the Services or the Website are appropriate or available for use in all locations. Those who access or use the Services or the Website from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Incubranding and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services and the Website; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website.