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Terms of Use
This website (the "Website") is operated by Incipio Technologies, Inc. ("Incipio") and is governed by the following terms of use ("Terms"). Please review these Terms carefully. Your use of the Website constitutes your acceptance of these Terms and your agreement to be bound by the same.
Children under the age of 13 are prohibited from using the Website.
Prohibited Uses You may not use the Website for any illegal, improper, or inappropriate purpose, including, but not limited to, uploading, linking to, or otherwise transmitting any of the following: illegal, defamatory, harassing, pornographic, obscene, offensive, or otherwise actionable or objectionable material; malware, worms, viruses, or other executable files; web forgeries or phishing sites; spam; or material that infringes the intellectual property rights of another. If you use the website for any illegal, improper, or inappropriate purpose, Incipio will delete your user-submitted material and terminate your ability to upload material.
Incipio reserves the right to disable any URL or remove any user-submitted material at any time for any reason.
Incipio is not responsible for the content of any external website or for any user-submitted material.
Indemnification By using the Website, you agree to be held solely and entirely responsible for your user-submitted material. Further, you agree to indemnify and hold harmless Incipio, its affiliates, and employees for any claim, investigation, defense, settlement, or legal proceeding arising out of, or relating to, your illegal or improper use of the Website or any material you submit, transmit, post, or otherwise make available through the Website. Disclaimer of Warranty The Website is provided on an "As Is" basis without warranties of any kind, either express or implied. Incipio makes no claims, promises, or guarantees regarding the Website’s performance or availability. Incipio does not warrant the accuracy, reliability, completeness, or adequacy of the information provided on the Website.
Limitation of Liability To the full extent permitted by applicable law, Incipio, its affiliates, and employees will not be liable for any loss or damage of any kind arising from or related, directly or indirectly, to the use of, or inability to use, either the Website or any information, content, or other material contained therein, including, but not limited to, general, indirect, special, incidental, consequential, exemplary, or punitive damages, even if Incipio had been advised of, knew, or should have known of the possibility of such damages. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Incipio, its affiliates, and employees shall be limited to the amount paid by you to Incipio, if any, for accessing the Website. At no time and in no event shall Incipio or its employees' total liability for all damages in any one or more causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you to Incipio, if any, for accessing the Website.
Intellectual Property The Incipio name and logo shall remain at all times the sole property of Incipio.
Copyright Any copyright owner or authorized agent of a copyright owner who believes that any user-submitted material infringes upon their exclusive rights under copyright may submit a notification of claimed infringement. The notification of claimed infringement must be submitted to the Designated Agent in writing and must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of 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 permit Incipio to locate the material.
Information reasonably sufficient to permit the Incipio to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe your user-submitted material was removed in error, you may submit a counter notification. The counter notification must be submitted to the Designated Agent in writing and must include substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Incipio may be found, and that you will accept service of process from the person who submitted the notification of claimed infringement to Incipio or an agent of such person.
Notifications of claimed infringement and counter notifications may be delivered to Incipio’s designated Copyright Agent at the following address:
Designated Copyright Agent
Incipio Technologies, Inc.
1842 Barranca Parkway
Irvine, CA 92606
Fax: (949) 250-4928
Choice of Law/Venue These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising out of this Website shall be resolved exclusively by the state and federal courts located within the County of Orange, State of California.
Severability of Provisions If any provision of these Terms shall be deemed invalid, void, or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the remaining provisions.
Modifications Incipio reserves the right to modify these Terms at any time without notice. Any such changes will be effective immediately. It is your responsibility to regularly review these Terms to inform yourself of any changes. Your continued use of the Website after any changes to these Terms constitutes your consent to the changes.
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