Effective Date: January 1, 2023
Summary: This Agreement is between You and Incube8 and is required before You can use the Website. English is the official language of this Agreement. This summary, and the other summaries, are to help you understand the Agreement and aren’t part of the Agreement itself.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE WEBSITE.
Summary: These are our terms and if You use the Website, You are bound by this Agreement. Please read this Agreement.
Please review this Agreement carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE WEBSITE. In order to proceed with this Agreement and to access the Website, You acknowledge and agree to be bound by the terms of this Agreement, including the Acceptable Website Use provision described herein.
Summary: If You access our Website, You must do so lawfully. You cannot access our Website without agreeing to these terms.
- Binding Agreement
- This Agreement is an electronic contract that sets out the legally binding terms. You must accept this Agreement to use the Website. This Agreement may be modified by Incube8 in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website after the posting of modifications to this Agreement will constitute your acceptance of such revisions.
Summary: This is a contract between You and Incube8. We can modify this Agreement at any time. If You continue to use the Website after we post modifications to this Agreement, You have accepted the new modified Agreement.
By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You agree You will only use the Website in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations.
Summary: You will only use the Website as per these terms and all applicable local, state, national and international laws and regulations.
- Term and Termination
Summary: If You continue to use the Website, these terms are still applicable. These terms are still applicable after termination of your account. We may retain certain information associated with your account even if you have deactivated it.
- Account Security
Your account on the Website is for your personal use only. You are responsible for maintaining the confidentiality of your username and password and You are solely responsible for all activities that occur under your username and password. You acknowledge that Incube8 is not responsible for third-party access to your account information or personal information when that access results from any action or inaction on your part, including but not limited to your voluntary distribution of your username, password, or other personal information. You also acknowledge that Incube8 is not responsible for third-party access to your account information when that access results from theft or misappropriation of your username, password or other personal information from your possession, custody, or control.
Summary: Keep your username and password and personal information confidential. You are responsible for anything that occurs on the Website under your username and password, including providing personal information to others and keeping your information secure on your end.
- Proprietary Rights
Clover8 Investments Pte Ltd. (“Clover8”), and/or Incube8, own and retain all proprietary rights in the Website, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Clover8 and/or Incube8. Except for information that is in the public domain or which You have been given written permission to use, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Summary: We own the Website, which includes all the content, trademarks, trade names, service marks and other intellectual property. Don’t copy or alter our stuff without our written permission.
- Acceptable Website Use
- You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) to the Website (collectively, “Content”). You may not Post on the Website or transmit to the Website any material or engage in conduct on or through the Website: (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; and (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful. You represent and warrant that all information that You submit through the Website is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
Summary:You are responsible for what You do on our Website and how You use the Website. Don’t post or transmit any material that violates laws or regulations. Don’t post or transmit any material in a manner that will infringe on ours or others’ copyright, trademark and other intellectual property rights. Don’t be rude and don’t threaten or offend others.
- You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or breaching (or attempting to breach) security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (iv) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of third-party software); (v) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or any manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or (vi) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Website, or any software used on or for the Website, or causing others to do so.
Summary: Don’t violate the security of the Website. Don’t attempt to interfere with or disrupt the Websites. Don’t do things to or on the Website that You aren’t authorized to do.
- The Website may be used only for lawful purposes. As one of the conditions of your use of the Website, You represent, warrant, and agree that You will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website complies with this Agreement, and to seek prior written consent from Incube8 for any uses not permitted or not expressly specified herein. Incube8 specifically prohibits any use of the Website, and You hereby agree not to use the Website, for any of the following:
- Posting any incomplete, false, misleading or inaccurate Content about yourself;
- Posting any Content that is not entirely your own or which You do not have full rights to use;
- Impersonating or otherwise misrepresenting an affiliation, connection or association with any person or entity;
- If You have a password, allowing any other person to access a non-public area of the Website, disclosing or sharing your password to or with any third parties or using your password for any unauthorized purpose, using meta tags or code or other devices containing any reference (express or implied) to the Website (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
- Soliciting, from other users, passwords or personal identifying information for unlawful purposes, or for any other reason that would constitute a violation of this Agreement;
- Using the Website for activities that violate any law, statute, ordinance or regulations;
- Bullying, stalking, intimidating or otherwise harassing Company employees or representatives;
- Framing or mirroring any part of the Website, without the Company’s prior written authorization;
- Using the Website in order to damage Incube8 or any of Incube8’s related brands, websites, affiliates or subsidiaries;
- Using the Website for any competitive purpose, including copying, soliciting, competitive or market analysis or any other use by a competitor; and
- Any other use that violates any applicable law.
Summary: You may only use the Website as it is intended. Don’t use the Website for unlawful purposes. If You use the Website in a way that is not authorized or is illegal, we will take legal action against You and/or refer You to the proper law enforcement authorities.
- No Harassment of Incube8 Employees
You will not harass, annoy, intimidate, or threaten any Incube8 employees or agents. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your account (if applicable) and we may take legal action against you.
Summary: Don’t harass our employees. We will terminate your account (if applicable) if You are threatening or offensive to our employees and we may take legal action against you.
- Service and Modification to the Website.
Incube8 does not guarantee that the Website will be fully operational all of the time. Users may face significant service disturbances. Incube8 DOES NOT OFFER TECHNICAL SUPPORT. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to any User. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website. To protect the integrity of the Website, the Company reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Website. You agree not to circumvent, or attempt to circumvent, any such user block imposed by the Company.
Summary: We can’t guarantee that the Website will be operational all the time. We don’t offer technical support. We can modify or discontinue any part of the Website or the Website as a whole at any time without giving You notice, and we are not liable as a result. We can block users at any time from accessing the Website.
- User Information
The Website may contain links to sites that are not maintained by Incube8. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that Incube8 and its affiliated companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
Summary: There may be links on the Website that we don’t maintain. We aren’t responsible for the content on those sites. Just because a link is on our Website, does not mean we are endorsing the linked site. Your interaction with the linked site is at your own risk. We aren’t liable for any damage or loss You may incur by engaging with the linked site.
- Incube8 is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- Incube8 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from interacting with or uploading or downloading materials in connection with the Website.
- Under no circumstances will Incube8 be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website.
- THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Incube8 PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. Incube8 DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE WEBSITE.
- From time to time, Incube8 may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. Incube8 DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL INCUBE8 OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE.
- Incube8 cannot guarantee and does not promise any specific results from use of the Website.
- In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website provided for under this Agreement are not intended to replace, or substitute for, any professional, financial, medical, legal or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper professional.
Summary: We are not responsible or liable for a number of things related to the Website and your use of the Website. You are using the Website at your own risk. If You read something on our site, don’t take it on its face—use common sense, do your research and take precautions.
- Limitation on Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INCUBE8 BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR FOR SERVICE INTERRUPTIONS, EVEN IF INCUBE8 KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL INCUBE8’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE, EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- To the fullest extent permitted by applicable law, You release the Company from responsibility, liability, claims, demands or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in your favor at the time of agreeing to this release.
- THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
Summary: We are not liable for various things and You release us from responsibility and liability for those things.
- Litigation of Disputes
- Incube8 is always interested in attempting to resolve any dispute by amicable and informal means, and we encourage You to contact us at [email protected] or by mail at Incube8 Pte Lrd. Attn: Dispute Manager, 1 Goldhill Plaza, #02-49, Singapore 308899 before resorting to litigation.
- However, neither You nor Incube8 are required to resolve any dispute before bringing that dispute in litigation.
- Both You and Incube8 agree that all disputes will be litigated, exclusively, in the state and federal courts of Clark County, Nevada, and not in any other forum, except as provided in subsections f, g, and h, below.
- By accessing and using the Website, You hereby irrevocably consent to the jurisdiction and venue of the federal or state courts located in Clark County, Nevada in the United States.
- YOU AND INCUBE8 ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY.
- If You access the Website from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Website, unless You are a European Union (“E.U.”) Swiss, or United Kingdom (U.K.) citizen or located in the European Economic Area (“EEA”), in which case your privacy rights and Privacy Disputes are governed by European privacy laws.
- A “Privacy Dispute” is defined as any unresolved disagreement related to the sharing, processing and/or transfer of a user’s personal data.
- This Agreement, and any dispute between You and Incube8, with the exception of Privacy Disputes as noted above (for E.U, EEA, Swiss, or U.K. citizens), shall be governed by the laws of the state of Nevada, USA without regard to principles of conflicts of law.
Summary: If You use the Website, You must litigate any disputes in the federal or state courts in Clark County, Nevada, USA. Further, we are based in Nevada and You will be governed by and subject to Nevada laws. However, if you are a citizen of the E.U., EEA, Switzerland or the U.K., your Privacy Disputes will be determined according to E.U., Swiss or U.K. privacy laws, as applicable.
- Consent to Service of Process by Email
By using the Website, You consent to service of process of any summons and/or complaint at the email address that you provided to Incube8 to create your account. You further agree that email is a reasonable means of notice and service for any litigation.
Summary: By providing your email address when using the Website, You are agreeing to receive any type of litigation notice via that email address.
You agree to defend, indemnify, and hold harmless, Incube8 and it’s officers, directors, employees, agents, affiliates and subsidiaries from and against any claims, actions, or demands, arising from your use of the Website or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content You transmit or upload to the Website, and the violation of any law or regulation by You. You, and your estate in the case of your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by your spouse, children, family or others who rely on You for support. You also agree that this indemnification provision covers all damages, costs, or expenses related to claims described in this section, including without limitation all reasonable legal and accounting fees. Incube8 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Incube8 in connection therewith.
Summary: You agree to defend us and hold us harmless for your use of the Website and any breach by You of the Agreement terms or any violations of any law or regulation by You. This indemnification covers all claims, actions, or demands made by anyone.
- General Provisions
- Violation of this Agreement may cause Incube8 irreparable harm, and You therefore agree that Incube8 will be entitled to seek extraordinary relief in court, including but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Incube8 may have for a breach of this Agreement.
- Unless otherwise explicitly stated, this Agreement will survive termination of your account on the Website.
- If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- The failure of Incube8 to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- You agree that your online account is non-transferable and all of your rights to your profile or the Content within your account terminate upon your death.
- No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind Incube8 in any manner.
Summary: These are general terms to which You agree, just like You are agreeing to all the other terms in this agreement.
- Special European Terms
Incube8 does not exclude or limit any liability for gross negligence, intent, or death or personal injury caused by its negligence or willful misconduct.
As a European or U.K. User, if Incube8 causes damage to You, liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of agreement. Incube8 is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or to exclude our responsibility for something we have specifically promised to You.
As a European or U.K. User, Incube8 may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, You are entitled to terminate the Agreement with immediate effect upon notification to Incube8 by email at [email protected]. Incube8 will provide You with reasonable notice, via the methods noted below, of any such assignment.
Summary: As a User in Europe or the U.K., the above terms apply to You and supersede any contradictory terms that might be found otherwise in the Agreement.
The Company may provide You with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if You violate this Agreement by accessing the Website in an unauthorized manner. You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Website in an authorized manner.
Summary: If we make changes or want to notify You, we’ll let You know.
- Revision Date and Amendment
This Agreement is subject to change by the Company at any time. The revised Agreement be effective when posted on the Website and your use of the Website after such posting will constitute acceptance by You of the revised Agreement.
Summary: When we revise this Agreement, we will post it to the Website. Your continued use of the Website after such posting means you accept the revised Agreement.