Please read this agreement carefully as it contains important information regarding your legal rights, remedies, and obligations. Each time you use the site, your use indicates your full acceptance of and agreement to abide by this agreement in its then current form. If you do not accept the terms and conditions stated in this agreement, do not use the site.
1.1. This agreement is between you and PURE INCUBATION, LLC (“PURE INCUBATION” or “we”) and governs your use of the Pure Incubation.com website (“Site”). Additional terms and conditions applicable to specific areas of the Site may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this “Agreement.”
1.2. We reserve the right, in our discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice posted on the Site. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications we made as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
2. Our Content.
2.1. You acknowledge that the Site contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of ours or third parties. All Content on the Site is copyrighted as a collective work of PURE INCUBATION pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, noncommercial use.
2.2. Our trade names, trademarks and service marks include PURE INCUBATION and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
3. Your Submissions
3.1. Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, including on Site’s interactive services, such as blog posts, message boards and other forums (each, a “Forum”). PURE INCUBATION has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
3.2. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed and for any purpose (including promotional purposes, such as testimonials).
3.3. In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the App or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place us under any fiduciary or other obligation.
3.4. You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
3.5. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.
4. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content or Submissions available on the Site infringe your copyright, you (or your agent) may send to PURE INCUBATION a written notice by mail, e-mail or fax, requesting that PURE INCUBATION remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to PURE INCUBATION a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to our designated Copyright Agent at 17 Main Street, Topsfield, MA 01983 or via email to email@example.com.
5. Rules of Conduct. While using the Site and any information or products contained on the Site you agree to comply with all applicable laws, rules, and regulations. You agree to use our Forums only to send and receive messages and material that are proper and related to that particular Forum. Without limiting any of the foregoing, you agree that you will not use our Site to take any of the following actions:
5.1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of another person or advocate any of the foregoing;
5.2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
5.3. Transmit files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage, disrupt, or adversely affect the operation of another person’s computer, the Sites, any software or hardware, or telecommunications equipment;
5.4. Advertise, promote, solicit, or offer to sell any goods or services for any commercial purpose unless you have our prior written consent to do so;
5.5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
5.6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
5.7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
5.8. Restrict or inhibit any other user from using and enjoying any public area within our Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
5.9. Interfere with or violate any other Site user’s right to privacy; solicit, collect or store personal information about other users of the Site without their express consent;
5.10. Impersonate any person or entity, including, but not limited to, a Pure Incubation representative, or falsely state or imply, or otherwise misrepresent your affiliation with a person or entity;
5.11. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
5.12. Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose.
5.13. Interfere with or disrupt our Site, servers, or networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
5.14. “Frame” or “mirror” any part of the Site without our prior written authorization.
5.15. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to access, monitor, copy, retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, any part of the Site, or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
6. No Endorsement
6.1. PURE INCUBATION does not represent or endorse the accuracy or reliability of any Submission posted on any interactive area and you acknowledge that any reliance upon such Submission shall be at your sole risk. Any Submission placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of PURE INCUBATION.
6.2. The Site may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that we are not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
7. Indemnity. You will indemnify and hold PURE INCUBATION, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys’ fees, which may arise from a breach of this Agreement or to your violation of this Agreement, including any content submitted to, uploaded to, or transmitted via PURE INCUBATION by you.
8. Termination of Use. PURE INCUBATION reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, including the Forum areas, at any time for any reason without prior notice or liability. The terms of this Agreement shall survive any termination of your use of the Site. PURE INCUBATION may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
9. LIMITATION OF LIABILITY
9.1. PURE INCUBATION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, PURE INCUBATION WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF PURE INCUBATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF TEN DOLLARS (US$10.00) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PURE INCUBATION TO USE THE SITE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH PURE INCUBATION AND THE AFFILIATED ENTITIES.
9.2. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
10. DISCLAIMER OF WARRANTIES.
10.1. THE SITE AND CONTENT ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. PURE INCUBATION DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, CONTENT, AND ANY SUBMISSIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH PURE INCUBATION AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
10.2. While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Site.
11. International Use. The Site is controlled or operated (or both) from the United States and is not intended to subject us to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
12. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Essex County, Massachusetts, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.