Terms and Conditions
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Terms and Conditions
Terms and Conditions
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:
1. ACCEPTANCE OF USER AGREEMENT
IF YOU ARE USING OR ACCESSING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU ARE REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR OTHER LEGAL ENTITY TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGE AND UNDERSTAND THAT BOTH YOU, INDIVIDUALLY, AND THE COMPANY OR ENTITY WHICH YOU REPRESENT ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO REGISTER AN ACCOUNT AND BECOME AN USER, DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK “JOIN Incloud Design” AND DO NOT ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE ANY Incloud Design WEBPAGE, INFORMATION OR SERVICES. BY CLICKING “JOIN NOW,” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE, ON BEHALF OF YOURSELF AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY WHICH YOU REPRESENT, TO BE BOUND BY ALL OF ITS PROVISIONS. BY CLICKING “JOIN NOW,” YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR CLICK OF THE “JOIN NOW” BUTTON AS ONE.
2. YOUR OBLIGATIONS.
1. License and warranty for your submissions to Incloud Design: By establishing an Incloud Design Account and accepting these Terms of Service, you agree that Incloud Design may assist you in setting up your profile by using publicly available online information regarding you to populate your profile and to supplement any information provided by you in setting up that profile. You own or otherwise have the lawful right to provide the information that you provide to Incloud Design or allow Incloud Design to access under this Agreement, and may request its deletion at any time, unless you have shared information or content with other Users and they have not deleted it, or it was copied or stored by other Users with your permission. Additionally, you grant Incloud Design a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly, to Incloud Design, including, but not limited to, any user generated content, publicly available online information used by Incloud Design to populate your profile, ideas, concepts, techniques or data (but excluding email addresses), without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent, warrant and covenant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Without limiting the generality of the foregoing, you represent, warrant, and covenant that: (a) at the time of sending any communication using the Services, you have or will have obtained any and all necessary consents required or is otherwise able under applicable law, including applicable anti-spam legislation, from your contacts to use their email address for the purpose of sending such emails or other electronic communications; and (b) if such recipient advises you that it no longer wishes to receive further commercial electronic messages or you otherwise determine that you no longer have lawful consent to send them electronic communications, you will ensure that Incloud Design is immediately made aware of such change in circumstances. Furthermore, you acknowledge that the template messages provided by Incloud Design in connection with the Services are for convenience and example only and that you are solely responsible for selecting the content of communications that you transmit using the Services, including ensuring that such content complies with all applicable laws. It is your responsibility to keep your Incloud Design profile information accurate and updated.
2. Service Eligibility: To be eligible to use the Service, you must meet the following criteria and you hereby represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Incloud Design account, (3) are not a competitor of Incloud Design or are not using the Services for reasons that are in competition with Incloud Design; (4) will only maintain one Incloud Design account at any given time; (5) have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, are a party; (6) will not violate any rights of Incloud Design, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
3. User ID and Password: You agree to: (1) keep your password secure and confidential; (2) not permit others to use or otherwise access your account; (3) not use or otherwise access other Users’ accounts; and (4) not sell, trade, rent, lease, share, or otherwise transfer your Incloud Design account or a right to access your Incloud Design account, or any portion thereof, to another party. You are responsible for anything that happens through or involving your account until you close down your account or prove to Incloud Design’s reasonable satisfaction that your account security was compromised due to no fault of your own. To close your account, please visit the My Accounts section within the Incloud Design application.
4. Indemnification: You will fully indemnify, defend and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs), fines, administrative monetary penalties or settlement costs, (“Losses”) related to all third party claims, charges, regulatory and other investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in your account or which you engage in or through your use of the Services. You will further indemnify, defend, and hold us harmless from and any and all Losses arising from (a) any breach or inaccuracy of Section 2 above; or (b) any claim or allegation that you or Incloud Design has transmitted a communication using the Services in violation of applicable law, including applicable anti-spam legislation.
5. Payment: If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), those Premium Services are subject to this Agreement and any additional terms which you accept in connection with registering for the Premium Services. When you purchase Premium Services, you agree that we may store your payment information and that we may use that payment information to charge the applicable fees for the Premium Services (including, without limitation, periodic subscription fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription and are non-refundable. You also acknowledge that Incloud Design’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
6. Communications from Incloud Design to You: Incloud Design, at its discretion, may contact or notify you regarding scheduled and unscheduled downtimes outside of our routine maintenance windows, changes to the Services or this Agreement or other items relating to the Services or your account using any of the following means: (a) a banner notice placed across Incloud Design’s pages; (b) an email from Incloud Design to an email address associated with your account, even if we have other contact information; or (c) through your Incloud Design account or through other means including mobile number, telephone, or delivery services including the postal service. Please review your Settings to control what kind of messages you receive from Incloud Design. You acknowledge and agree that Incloud Design shall not be liable for any consequence resulting, directly or indirectly, from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
7. Incloud Design Applications: Incloud Design may offer the Services through applications built using Incloud Design’s platform (“Incloud Design Applications”). Examples of Incloud Design Applications include its smart phone applications (Incloud Design for Android or Incloud Design for iOS), and Incloud Design’s “Share” buttons and other interactive plugins distributed on websites across the web. Incloud Design Applications are distinct from third party Platform Applications addressed in Section D.2. If you use a Incloud Design Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Incloud Design plugins that load in your browser may be communicated to us. Further, by importing any of your Incloud Design data through the Incloud Design Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Incloud Design account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Services through your mobile access provider. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
8. User-to-User Communication and Sharing (Groups, Discussions, Topics, Messaging, Promotions, Events, Tasks, Updates, Company Profiles, etc.): Incloud Design hosts various forums where you can post your observations and comments on designated topics. Incloud Design also enables sharing of information by allowing Users to post updates, including links to third party content, and other information such as events, promotions, and other content to their profile and other parts of the site, such as Profile Pages. Incloud Design members can create Profile Pages and other Pages for free, however, Incloud Design may close or transfer any Profile Pages or other User created Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. NOTWITHSTANDING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT Incloud Design IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION POSTED BY YOU OR ANY OTHER USER IN ANY Incloud Design HOSTED FORUM, BLOG, PAGE, CALENDAR OR WEBSITE THROUGH A USER CREATED MESSAGE OR OTHERWISE THROUGH THE SERVICES IN ANY MANNER. Please note that ideas you post and information you share may be seen and used by other Users, and Incloud Design cannot guarantee that other Users will not use the ideas and information that you share on Incloud Design. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Services, to any Incloud Design Users you are connected to, into your Network Updates, or elsewhere. Incloud Design IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN OR ON ANY Incloud Design HOSTED FORUM, BLOG, PAGE, CALENDAR OR WEBSITE OR THROUGH A USER CREATED MESSAGE OR OTHERWISE THROUGH THE SERVICES IN ANY MANNER.
10. Export Control: Your use of Incloud Design services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
11. Contributions to Incloud Design: By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Incloud Design through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Incloud Design is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Incloud Design shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Incloud Design may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Incloud Design all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Incloud Design under any circumstances.
12. Invitations to Connect: If you invite other Users to connect with you or if you invite persons not yet members of the Incloud Design community to join Incloud Design and connect with you, Incloud Design will automatically send up to two reminder emails to recipients who haven’t yet responded to your invitation to connect, unless you advise Incloud Design otherwise. Reminders are sent to alert the recipient of an invitation in case they overlooked the original message. No more than two reminders are sent, and if the recipient responds to the invitation, the reminders stop. We remind you that it is solely your responsibility to determine whether Incloud Design’s invitation process is in compliance with applicable laws that affect your intended recipients and accordingly, you may prevent Incloud Design from sending reminder emails by canceling the invitation at any time prior to the transmittal of the reminder email.
3. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Incloud Design or its Users), view information and use the Services that we provide on Incloud Design webpages and in accordance with this Agreement. Any other use of Incloud Design contrary to the Code of Conduct is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Incloud Design, the Services, and all related items, including any and all copies made of the Incloud Design website.
4. OUR RIGHTS AND OBLIGATIONS.
1. Services Availability: For as long as Incloud Design continues to offer the Services, Incloud Design shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Incloud Design as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Incloud Design, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Incloud Design further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Incloud Design to be contrary to this Agreement. For avoidance of doubt, Incloud Design has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
4. Connections and Interactions with other Users: You are solely responsible for your interactions with other Users. Incloud Design may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Incloud Design reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Incloud Design determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON Incloud Design, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR Incloud Design AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Incloud Design DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. SUBJECT TO APPLICABLE LAW, WE DO NOT PROVIDE ANY EXPRESS REPRESENTATIONS, WARRANTIES OR CONDITIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Incloud Design OR ANYTHING RELATED TO Incloud Design, YOU MAY CLOSE YOUR Incloud Design ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION G (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Incloud Design IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE DELIVERY OF ANY MESSAGES (SUCH AS DIRECT MESSAGES, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH Incloud Design TO ANYONE. IN ADDITION, WE NEITHER REPRESENT NOR WARRANT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
Incloud Design DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Incloud Design DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Incloud Design DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Incloud Design DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Incloud Design DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Incloud Design SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Incloud Design nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Incloud Design Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any platform applications or any of the content or other materials on, accessed through or downloaded from Incloud Design. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
2. Not apply to any damage that Incloud Design may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement
3. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
1. Mutual rights of termination: You may terminate this Agreement, for any or no reason, at any time, with notice to Incloud Design pursuant to Section I.3. This notice will be effective upon Incloud Design processing your notice. Incloud Design may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Incloud Design or the party paying for the services may terminate your access to any Premium Services. Termination of your Incloud Design account includes disabling your access to Incloud Design and may also bar you from any future use of Incloud Design.
2. Misuse of the Services: Incloud Design may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Incloud Design messaging services; creating multiple or false profiles; using the Services commercially without Incloud Design’s authorization, infringing any intellectual property rights, violating the Code of Conduct, or any other behavior that Incloud Design, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Incloud Design will suspend access to and terminate the account of any User whom Incloud Design determines to be a repeat infringer of other person’s rights under the United States Copyright Act or similar legislation. A User will be deemed a “repeat infringer” if (a) such User has been notified of infringing activity more than twice and/or has had one of its submissions removed from our Website more than twice. Incloud Design complies with the Digital Millennium Copyright Act (“DMCA”) statutory notice and takedown procedures. Incloud Design has designated the following individual with the U.S. Copyright Office as Incloud Design’s DMCA agent to receive notifications of claimed infringement: Theodore A. Lund, Rich May, P.C.176 Federal Street, Sixth Floor Boston, MA 02110 Tel: (617) 556-3826 Email: legal@Incloud Design.com Fax: (617) 556-3889
3. Effect of Termination: Upon the termination of your Incloud Design account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a,b and d (“Our Rights and Obligations”) hereof.
8. DISPUTE RESOLUTION
1. Law and Forum for Legal Disputes: This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Massachusetts regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Incloud Design agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Boston, Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Incloud Design agree to submit to the personal jurisdiction of the state and federal courts located within Boston, Massachusetts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Incloud Design shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
2. Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. GENERAL TERMS
1. Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
3. Notices and Service of Process: In addition to Section B.6 (“6. Communications from Incloud Design to You”), we may notify you via postings on http://www.Incloud Design.com. You may contact us here. Or via mail or courier at:
Incloud Design Corporation
ATTN: Legal Department
52 Windsor St. Worcester, MA 01605
Additionally, Incloud Design accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
4. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Incloud Design services, third-party content or third party software.
5. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at http://www.Incloud Design.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section F (Termination).
6. No informal waivers, agreements or representations: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Incloud Design Affiliate shall be deemed legally binding on any Incloud Design Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Incloud Design.
7. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
8. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Incloud Design Corporation for any third party that assumes our rights and obligations under this Agreement.
9. Potential Other Rights and Obligations: You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. CODE OF CONDUCT
As a condition to accessing the Services, you agree to strictly adhere to the following Code of Conduct:
1. Comply with all applicable laws, including, without limitation, privacy and anti-spam laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide complete and accurate information to Incloud Design and update it as necessary to maintain its accuracy and completeness and compliance with applicable laws;
4. Read and comply with notices sent by Incloud Design concerning the Services;
5. Use the Services in a professional manner;
6. Protect sensitive personal information by considering carefully what information about yourself and your business you wish to share with other Users and the general public through your private and public profiles.
7. Do not act dishonestly or engage in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Service or by using the Service to transmit or make available in any way material which:
1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
3. Adds to a content field content that is not intended for such field (i.e. 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 by Incloud Design);
4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
6. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Incloud Design invitations to send messages to people who don’t know you, who have not expressly or otherwise impliedly consented to receive electronic communications from you or who are unlikely to recognize you as a known contact; (b) using Incloud Design to connect to people who don’t know you and then sending unsolicited promotional or other electronic communications/messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Incloud Design or any User of Incloud Design; or
8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
8. Do not create a false identity or business profile;
9. Do not use the Services to harass, abuse or harm another person;
10. Invite other businesses and organizations located nearby that you would like to have in the network;
11. Do not upload a profile image that is not your likeness or a head-shot photo;
12. Do not use or attempt to use another User’s account without authorization from such User;
13. Do not use the Services, directly or indirectly, to set up or develop of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
14. Do not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information available to you through the Services (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Incloud Design in compliance with applicable laws. Use of information, content or any data that you view and/or obtain from the Services to provide any service that Incloud Design deems to be competitive with the Services is strictly forbidden;
15. Do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
16. Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by Incloud Design unless you have entered into a written agreement with Incloud Design (this includes, but is not limited to, representing yourself as an accredited Incloud Design trainer if you have not been certified by Incloud Design as such);
17. Do not adapt, modify or create derivative works based on Incloud Design or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Incloud Design’s developer program;
18. Do not rent, lease, loan, trade, sell/re-sell access to Incloud Design or any information therein, or the equivalent, in whole or part;
19. Do not sell, sponsor, or otherwise monetize an Incloud Design Group or any other service or functionality of the Services, without the express written permission of Incloud Design.
20. Do not deep-link to the Site for any purpose, (i.e. including a link to a Incloud Design web page other than Incloud Design’s home page) unless expressly authorized in writing by Incloud Design
21. Do not remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including those of both Incloud Design and any of its licensors;
22. Do not remove, cover or otherwise obscure any form of advertisement included in or on the Services;
23. Do not collect, use, copy, or transfer any information, including, but not limited to, personally identifiable/personal information obtained from Incloud Design except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
24. Do not share information of Users or non-Users without their express consent;
25. Do not infringe or use Incloud Design’s brand, logos and/or trademarks, including, without limitation, using the word “Incloud Design” in any business name, email, or URL or including Incloud Design’s trademarks and logos except as expressly permitted by Incloud Design;
26. Do not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
27. Do not use bots or other automated methods to access Incloud Design, add or download contacts, send or redirect messages, or perform other activities through Incloud Design, unless explicitly permitted by Incloud Design;
28. Do not access, via automated or manual means or processes, the Services for purposes of monitoring the Services’ availability, performance or functionality for any competitive purpose;
29. Do not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Incloud Design’s website;
30. Do not attempt to or actually access the Services by any means other than through the interfaces provided by Incloud Design such as its mobile application or by navigating to http://www.Incloud Design.com using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Services;
31. Do not attempt to or actually override any security component included in or underlying the Services;
32. Do not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Incloud Design’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Incloud Design personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services;
33. Do not interfere with or disrupt or game Incloud Design or the Services, including, but not limited to, any servers or networks connected to Incloud Design, in particular Incloud Design’s search algorithms.
COMPLAINTS REGARDING CONTENT POSTED ON THE Incloud Design WEBSITE.
We built Incloud Design to help you be a more successful business, and to help local businesses succeed. To achieve this purpose, we require our Users to share truthful and accurate information and not to violate the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights, anti-spam legislation or other rights of third parties. Contact support to submit claims regarding Copyright Infringement. Incloud Design complies with the Digital Millennium Copyright Act (“DMCA”) statutory notice and takedown procedures. Incloud Design has designated the following individual with the U.S. Copyright Office as Incloud Design’s DMCA agent to receive notifications of claimed infringement:
Theodore A. Lund
Rich May, P.C.
176 Federal Street, Sixth Floor
Boston, MA 02110
Tel: (617) 556-3826
Email: legal@Incloud Design.com
Fax: (617) 556-3889
Note: For general support or account deactivation requests please contact us here
1. Personal information collected
We collect information:
When you register an account to become a Incloud Design user (“User”), such as your name, e-mail, business, address, country, and a password.
When you purchase Premium Services or other services from Incloud Design, we collect your payment information.
When you view and interact with Incloud Design pages, features, and functionality, including Incloud Design mobile applications, software (like adding to your profile, participating in groups, uploading content, etc.), and platform technology (like “Share on Incloud Design” buttons or third party applications). We also collect your IP address, browser type, operating system, mobile carrier, and your ISP, and receive the URLs of sites from which you arrive or leave the Incloud Design website, or sites that have embedded Incloud Design platform technology.
Through cookies and other technologies that allow us to recognize you, customize your experience, and serve advertisements both on and off Incloud Design. Learn more about cookies, beacons in Sections 1G and 1H, below. You can opt-out of advertising off Incloud Design in the Settings tab under My Accounts in the application.
When you interact with third party services available through Incloud Design like surveys, polls or other third party research undertaken with your consent.
2. Uses of personal information
We use the information you provide to:
Enable you to share your information and communicate with other Users, or provide your personal details to third parties offering combined services with Incloud Design;
Administer your account with us and customize the service we provide to you and other Users; and to
Send you service or promotional communications through email and notices on the Incloud Design website. You can control your messaging preferences in the Settings tab under My Accounts in the application.
Connect you to opportunities by enabling other professionals to find you through the Services.
Create and distribute advertising relevant to your or your network’s Incloud Design experience. If you share your interactions on Incloud Design, for example, when you recommend a product, follow a company, establish or update your profile, join a group, etc., Incloud Design may use these actions to create social ads for your network on Incloud Design using your profile photo and name. You can control whether Incloud Design uses your name and picture in social ads in the Settings tab under My Accounts in the application.
Please note that in order to fulfill your requests for paid services (e.g., Incloud Design Premium Services), we share your payment information with our payment processor.
3. Your Information Choices
Review, enhance or edit your personal information through your business profile page;
Control what information you make available to others in the community through your public profile ;
Choose whether you install or remove any third party applications;
Control whether your profile information is shared with third parties through Developer Applications installed by your connections by clicking here ;
Control the messages you receive from Incloud Design and other Users ;
Cancel invitations to connect with you on Incloud Design
Change your settings to control visibility and accessibility through our website;
Control whether Incloud Design personalizes its professional plugins across the web using your Incloud Design account here.
Control whether Incloud Design uses your name and profile photo in social ads ; and
Tell us to close your Incloud Design account.
Your obligations to other Users. Do not abuse the Services by using it to spam, abuse, harass, or otherwise violate the Terms of Service.
Personal information you provide will be secured in accordance with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to Incloud Design. There is no guarantee that information may not be accessed, copied, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times..
HOW TO CONTACT US
If you have questions or comments please send them to us here
or contact us at:
Incloud Design Corporation
52 Windsor St. Worcester, MA 01605
Hours of Operation
MON. – SAT.
8:00a.m. – 6:00p.m.
Worcester, MA 01605
Drop Me a Line
Don't be shy. Let us know if you have any questions!
Wordpress - Content Management System Responsive Design
Design, Website, Web design, World Wide Web, Web template
software, company, Website Builder, Web page, HTML, Business, Graphics, Logo, WordPress, Graphic design, Adobe Photoshop, Tutorial, Cascading Style Sheets, Web development, Web hosting service, E-commerce, Developer
Search engine optimization
Marketing, WordPress, Responsive web design, T-shirt, HTML, Wix.com, GoDaddy, Joomla, Bootstrap, Mobile, Web Header, ASP.NET, jQuery, Material Design, Social media, Weebly, Adobe Creative Suite, Cascading Style Sheets, Adobe Photoshop, Search engine optimization, Website Builder, E-commerce, Logo, company Design, design for website, how to design website, design website, free, how to, free website, best website, best design, website how to, design a website, design websites, website software, websites, website software, design templates, website templates, design company, design websites online, website template design, website template creation, website development, html google, online business, create website, wordpress website, wordpress, wordpress website, responsive design, design inspiration, responsive, web design apps, communications, chicago website design, joomla bootstrap, godaddy, singapore, best website builder, wordpress themes, dental website, design one page website, design website, logo design, how to design a website, photoshop
Keywords="web design worcester, website design worcester ma, graphic design worcester ma, wordpress website design process, advertising agencies in worcester ma, video production worcester ma, marketing agency worcester, website builder near me, website design companies near me, freelance web designer near me, website design near me, i need a website designer, freelance web designers near me, website developer near me, hire a web designer or do it yourself, website designers, hire a website designer, professional website, professional website designer"