Incode Technologies Inc. Limited Terms of Service
(If you live outside the United States)
Effective: January 10, 2017
We’re thrilled you’ve decided to use ImageIN and our other products and services, all of which we refer to simply as the “Services.”
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Incode Technologies Inc. So please read them carefully.
By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
These Terms apply to you if you live outside the United States or if you are using the Services on behalf of a business located outside the United States. If you live in the United States or are using the Services on behalf of a business located there, the Incode Technologies Inc. Terms of Service apply.
1. Who Can Use the Services
No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you affirm that:
• You can form a binding contract with Incode Technologies Inc..
• You are not a person who is barred from receiving the Services under the laws of the United States, the United Kingdom, or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you affirm that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You
Incode Technologies Inc. grants you a personal, binding, exclusive, non-shareable use of the service. You cannot share the service or replicate it in any manner, which will be an intent of breach of the contract. The use of the service is limited to you only.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
For all Services used, you grant Incode Technologies Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
The Services may contain advertisements. In consideration for Incode Technologies Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Incode Technologies Inc. reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
6. Respecting Other People’s Rights
Incode Technologies Inc. respects the rights of others. And so should you. You therefore may not use the Services in a manner that:
• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
• bullies, harasses, or intimidates.
• spams or solicits our users.
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You must also respect the rights of Incode Technologies Inc. and its affiliates, including Incode Technologies Inc. These Terms do not grant you any right to:
• use branding, logos, designs, photographs, videos, or any other materials used in our Services.
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright
We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Incode Technologies Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact Incode Agent immediately, details posted below:
Incode Technologies Inc.
Attn: Copyright Agent
If you file a notice with our Copyright Agent, it must:
• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• identify the copyrighted work claimed to have been infringed.
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
• provide your contact information, including your address, telephone number, and an email address.
• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
9. Your Account
You are responsible for any activity that occurs in your ImageIN account. So it’s important that you keep your account secure. One way to do that is to select a strong password on your phone that you don’t use for any other account or device.
By using the Services, you agree that, in addition to exercising common sense:
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not buy, sell, rent, or lease access to your ImageIN account/
• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to email@example.com.
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number and/or Facebook account that you used to create a ImageIN account, you must update your account information by emailing to firstname.lastname@example.org.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Neither Incode Technologies Inc. nor Incode Technologies Inc. is responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand, but this won’t always be possible.
While we hope you remain a lifelong ImageIN’er, you can terminate these Terms at any time and for any reason by deleting your account.
Incode Technologies Inc. may also terminate these Terms with you at any time, for any reason. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Incode Technologies Inc. continue to be bound by Sections 3, 6, 9, and 12-21 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Incode Technologies Inc., and our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties, conditions, or other terms relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or arising from a course of dealing. In addition, while Incode Technologies Inc. attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free, or timely; (b) the Services will always function without delays, disruption, or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
Incode Technologies Inc. and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Incode Technologies Inc. nor their affiliates will be responsible for.
15. Limitation of Liability
When permitted by law, Incode Technologies Inc., and our affiliates, directors, officers, stockholders, employees, licensors, and agents, will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use, or alteration of your content, even if Incode Technologies Inc. has been advised of the possibility of such damages. In no event will Incode Technologies Inc., Incode Technologies Inc., or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of £100 GBP converted in your local currency to the exact amount or the amount you paid Incode Technologies Inc., if any, in the last 12 months.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
16. Dispute Resolution, Arbitration
If you have a concern, let’s talk. Go ahead and contact us first at :email@example.com and we’ll do our best to resolve the issue.
Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Services on behalf of a business (rather than for your personal use), you and Incode Technologies Inc. agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.
17. Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Incode Technologies Inc. agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of California in United States, unless this is prohibited by the laws of the country where you reside. You and Incode Technologies Inc. consent to the exclusive jurisdiction of those courts.
18. Choice of Law
The laws of United States govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of United States to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
21. Final Terms
• These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Incode Technologies Inc. and supersede any prior agreements.
• These Terms do not create or confer any third-party beneficiary rights.
• If we do not enforce a provision in these Terms, it will not be considered a waiver.
• We reserve all rights not expressly granted to you.
• You may not transfer any of your rights or obligations under these Terms without our consent.
Incode Technologies Inc. welcomes comments, questions, concerns, or suggestions. Please send us feedback via email to:firstname.lastname@example.org.
Incode Technologies Inc. is located in the United States at 180 Sansome Street, 4th floor, San Francisco, California 94104.