TERMS OF USE – INCPAGES.COM™

1. ACCEPTANCE OF TERMS

Welcome to the website of Web Directory Group, LLC.  dba Inc.Pages™ (http://www.Incpages.com).

The services that Inc.Pages™ provides to you, the User, are subject to the following Terms of Use ("TOU"). Inc.Pages™ reserves the right to update the TOU at any time, without notice to the User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.  Inc.Pages™ strongly encourages all Users to periodically review the most current TOU, to which you are bound.

A. This Agreement, which incorporates by reference other provisions applicable to use of http://www.Incpages.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in http://www.Incpages.com. this sets forth the terms and conditions that apply to use of http://www.Incpages.com by User. The information and materials provided by Inc.Pages™ may be used for informational purposes only.  By using Inc.Pages™ (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.  User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

B. Inc.Pages™ shall have the right at any time to change or discontinue any aspect or feature of http://www.Incpages.com, including, but not limited to, content, hours of availability and equipment needed for access or use.


2. CHANGED TERMS

Inc.Pages™ shall have the right at any time to change or modify the terms and conditions applicable to User's use of http://www.Incpages.com or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof. Changes may be executed by means including, but not limited to, posting on http://www.Incpages.com, electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of http://www.Incpages.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.


3. DESCRIPTION OF SERVICES

Through its Web property, Inc.Pages™ provides User with access to a variety of resources, including download areas, communication forums, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. Inc.Pages™ shall have the right to change, update, and remove any of the above without notice to the User.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of http://www.Incpages.com, and all charges related thereto. The software is Inc.Pages™ property, and is governed with the United States copyright laws.  If applicable, software may be copied for back up or archival purposes only, limiting it to; (a) making a copy of the software or, (b) transferring to a single hard disk.   Copies of any and all software, with the exception of the aforementioned, are in violation of the TOU.  The software shall not be leased, rented, or loaned.  The software is to be used on a single computer and is not intended for network use.

5. USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send, and receive messages with material that is proper, not personally related, and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

Inc.Pages™ has no obligation to monitor the Communication Services. However, Inc.Pages™ reserves the right to review materials posted to the Communication Services, and to remove any materials in its sole discretion. Inc.Pages™ reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice for any reason whatsoever. Inc.Pages™ reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, edit, refuse to post or to remove any information or materials (in whole or in part), at the sole discretion of Incpages.com™.   If a User uploads any of the material that is in defiance of the above mentioned, and it results in legal action, the User will be solely responsible; this includes, but is not limited to, legal fees and fines.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. Inc.Pages™ does not control or endorse the content, messages or information found in any Communication Services. Therefore, Inc.Pages™ specifically disclaims any liability with regard to the Communication Services, and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Inc.Pages™ spokespersons, and their views do not necessarily reflect those of Incpages.com™. If personal information is given by the User, it is at his/her own discretion, they will be solely responsible for any occurrences that may result.


6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services require User to open an account, User must complete the registration process by providing Inc.Pages™ with current, complete, and accurate information as prompted by the applicable registration form. The email address provided by the User will serve as contact information for Inc.Pages™ for the user if such contact is necessary.  User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Inc.Pages™ immediately of any unauthorized use of User’s account, or any other breach of security. Inc.Pages™ will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Inc.Pages™ or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.


7. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of Inc.Pages™ and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end User will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end Users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Inc.pages™ hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, Inc.pages™ may make available, as part of the services or in its software products, tools and utilities for use and/or download. Inc.pages™ does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.


8. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

In no event shall Inc.pages™ and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of, or failure to provide services or information available from the services.

9.  MATERIALS PROVIDED TO Inc.Pages™ OR POSTED AT ANY OF ITS WEB SITES.

In compliance with the laws governing website agreements such as this, user shall not post materials of any of the following natures on http://www.incpages.com:

Posting the above items will result in immediate termination of the User account.  As the posting will be in violation of this agreement, it will result in legal action.  This legal action, and any action taken after the misuse of the website, will be the sole responsibility of the User.

Inc.pages™ does not claim ownership of the materials Users provide to Inc.pages™ including: feedback, suggestions, posts, uploads, inputs, or submit to any services or its associated services for review by the general public or by the members of any public or private community, (each a "submission" and collectively "submissions"). However, by posting, uploading, inputting, providing or submitting ("posting") User’s submission, User is granting incpages.com™, its affiliated companies and necessary sublicenses, permission to use User’s submission in connection with the operation of their internet businesses (including, without limitation, all Inc.pages™ services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s submission; to publish User’s name in connection with User’s submission; and the right to sublicense such rights to any supplier of the services.

No compensation will be paid with respect to the use of User’s submission, as provided herein. Inc.pages™ is under no obligation to post or use any submission User may provide and Inc.pages™ may remove any submission at any time in its sole discretion. By posting a submission, User warrants and represents to own or otherwise control all of the rights to User’s submission as described in these terms of use including, without limitation, all the rights necessary for user to provide, post, upload, input, or submit the submissions.

In addition to the warranty and representation set forth above, by posting a submission that contain images, photographs, pictures, that are otherwise graphical in whole or in part ("images"), user warrants and represents that (a) User is the copyright owner of such images, or that the copyright owner of such images has granted User permission to use such images or any content and/or images contained in such images consistent with the manner and purpose of User’s use and as otherwise permitted by these TOU and the services; (b) user has the rights necessary to grant the licenses and sublicenses described in these terms of use; and (c) that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these terms of use, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such images. By posting images, user is granting; (a) to all members of User’s private community; (for each such images available to members of such private community), and/or (b) to the general public (for each such images available anywhere on the services, other than a private community), permission to use User’s images in connection with the use, as permitted by these terms of use, of any of the services, (including, by way of example, and not as a limitation, making prints and gift items which include such images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user’s images without having user’s name attached to such images, and the right to sublicense such rights to any supplier of the services. The licenses granted in the preceding sentences, for images, will terminate at the time user completely remove such images from the services, provided that, such termination shall not affect any licenses granted in connection with such images prior to the time user completely remove such images. No compensation will be paid with respect to the use of User’s images.

 

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. User expressly agrees that use of http://www.incpages.com is at User's sole risk. Neither Incpages.com™, its affiliates nor any of their respective employees, agents, third party content providers, or licensors warrant that http://www.incpages.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of http://www.incpages.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through http://www.incpages.com

B. http://www.incpages.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. User specifically acknowledges that Inc.pages™ is not liable for the defamatory, offensive, or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with User.

D. In no event will Incpages.com™, or any person or entity involved in creating, producing, or distributing http://www.incpages.com  or the Inc.pages™ software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use http://www.incpages.com. User hereby acknowledges that the provisions of this section shall apply to all content on the site.

E. In addition to the terms set forth above, neither Incpages.com™, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in; untimeliness or unauthenticity of, the information contained within http://www.incpages.com  or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby; none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive, or consequential damages.

F. Prior to the execution of a stock trade, Users are advised to consult with a broker or other financial representative to verify pricing or other information. Incpages.com™, its affiliates, information providers, or content partners shall have no liability for investment decisions based on the information provided. Neither Incpages.com™, nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

G. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation; acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of the agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.


11. LINKS TO THIRD PARTY SITES

The links in this area will let you leave http://www.incpages.com.  The linked sites are not under the control of Inc.Pages™ and Inc.Pages™ is not responsible for the contents of any linked site, link contained in a linked site, or any changes or updates to such sites. Inc.Pages™ is not responsible for webcasting or any other form of transmission received from any linked site. Inc.Pages™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inc.Pages™ of the site.

IncPages.com™ is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, IncPages.com™ has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, (including information providers), Users, or any other user of http://www.Incpages.com, are those of the respective author(s) or distributor(s) and not of Incpages.com™. Neither Inc.Pages™ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through http://www.Incpages.com represents the opinions and judgments of the respective information provider, User or other Users not under contract with Incpages.com™. Inc.Pages™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on http://www.Incpages.com by anyone other than authorized Inc.Pages™ employee spokespersons while acting in their official capacities. Under no circumstances will Inc.Pages™ be liable for any loss or damage caused by a User's reliance on information obtained through http://www.Incpages.com. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through Incpages.com™. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.


12. UNSOLICITED IDEA SUBMISSION POLICY

Incpages.com™, or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of Incpages.com™ might seem similar to ideas submitted to Incpages.com™. So, please do not send your unsolicited ideas to Incpages.com™ or anyone at Incpages.com™. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Incpages.com™ makes no assurances that your ideas and materials will be treated as confidential or proprietary.


13. MONITORING

IncPages.com™ shall have the right, but not the obligation, to monitor the content of http://www.Incpages.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Inc.Pages™ to satisfy any law, regulation, or authorized government request. Inc.Pages™ shall have the right in its sole discretion to edit, and refuse to post or remove any material submitted to or posted on http://www.Incpages.com. Without limiting the foregoing, Inc.Pages™ shall have the right to remove any material that Inc.pages™, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


14. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Incpages™, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees arising out of the use of IncPages™ by User or User's Account.


15. TERMINATION

Either Inc.Pages™ or User may terminate this Agreement at any time. Without limiting the foregoing, IncPages™ shall have the right to immediately terminate User's Account in the event of any conduct by User which Incpages.com™, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.


16. MISCELLANEOUS

This Agreement and any operating rules for http://www.Incpages.com established by IncPages™ constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Hawaii and the United States government without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder, shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only, and shall not be given any legal import.


17. COPYRIGHT NOTICE

The logos of IncPages™ are trademarks of Incpages.com™. All rights reserved. All other trademarks appearing on IncPages™ are the property of their respective owners.  The IncPages™ logo may be used only with granted written permission from Incpages.com™.  Uses without the written permission will result in legal action. 


18. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

19.  ANTI SPAM POLICY

IncPages™ has a strict policy against spam.  Unsolicited mass emails or unsolicited emails of any kind in the connection with our programs, products, and services are forbidden.  A User account may be terminated at the discretion of Incpages™ if User is deemed in any connection in violation of these anti-spam policies.  Inc.Pages™ also has the right to suspend an account if spamming activities are suspected. 

Spamming is considered to be activities relating to, but not limited to; direct or indirect transmitted email messages and to email addresses that do not consent to such transmission.

If you are “spammed” by anyone regarding our products, services, website, or any other matters, please immediately report this activity to IncPages™ at admin@Incpages.com.

 



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