InCollect Terms of Use
These “Terms” of Use govern your access to and use of InCollect’s “Services.” Please read these Terms carefully,
and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these
Terms.
1) Use of Services
You may use our Services only if you are able to form a binding contract with InCollect, and only in compliance
with these Terms and all applicable federal and state laws. When you create your InCollect account, you must provide
us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open
an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and
(b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms
and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
If you want to use our Services for commercial purposes you must submit an application to InCollect, and if accepted,
create a “Professional” account and agree to be bound by a Professional Membership Agreement, in addition to these
Terms.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable
license
to use our Services. Your use of our Services does not grant you any ownership over any Content, and except for the
limited license and permission to access and use the Services that we grant you under these Terms, your use of the
Services
does not grant you any license or permission under any copyright, trademark or other intellectual property rights of
InCollect or any third party, whether by implication, estoppel or otherwise. We reserve all rights not expressly
granted
to you in these Terms.
2) Content
InCollect allows you to submit content including images, text, audio, video, links, and other materials. Anything
that
you post or otherwise make available on InCollect is referred to as “Content." You can choose to make parts of your
Content
either “Pubic” or “Private.” You retain all rights in, and are solely responsible for ensuring that the Content you
post to
InCollect complies with any applicable laws and third party rights, including but not limited to any intellectual
property
rights, privacy rights and publicity rights. You grant InCollect a non-exclusive, royalty-free,
transferable,
sublicensable, worldwide license to use, reproduce, distribute, publish, adapt, modify, translate, create derivative
works
from, publicly perform and publicly display your Public Content, in any media known now or later developed, solely or
for
the purposes of operating, developing, promoting, providing, distributing and using InCollect Services. You represent and warrant
that
you own or otherwise control all of the rights to your Content, and that the use of your Content does not violate
these Terms
and will not violate any rights of or cause injury to any person or entity.
We reserve the right to remove or modify Content for any reason, including Content that we believe violates these
Terms or our policies.
Following termination or deactivation of your account, or if you remove any Content from InCollect, we may retain
your Content
for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, InCollect may
retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of
your
Content that other users have stored or shared through InCollect.
We also reserve the right, but do not have an obligation, to monitor or review any Content or activity on our
Services,
to investigate alleged or suspected violations of these Terms or to otherwise administer and operate the Services,
at any time and in our sole discretion, and we may disclose any Content or activity if we believe that disclosure is
reasonably necessary to comply with any law, regulation, legal process or government request.
We value hearing from our users. If you choose to submit comments, ideas or feedback, you agree that we are free to
use
them without any restriction or compensation to you. By accepting your submission, InCollect does not waive any rights
to use similar or related Feedback previously known to InCollect, or developed by its employees, or obtained
suggestions
to make InCollect better.
3) Copyright
InCollect has adopted and implemented copyright Policy in accordance with the Digital Millennium Copyright Act.
We respect the intellectual property rights of others and expect our users to do the same.
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. copyright law. InCollect also reviews
claims of trademark infringement. If you believe in good faith that materials hosted by InCollect infringe
your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material
be removed, or access to it blocked. The notice must include the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed
(or if multiple copyrighted works or trademarks located on the Website are covered by a single notification,
a representative list of such works); (c) identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably sufficient to allow InCollect to locate the material
on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) 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 or trademark owner, its agent, or the law; and (f) 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. Please be advised that InCollect
will not respond to complaints that do not meet these requirements. If InCollect determines that the materials
alleged to infringe your copyright or trademark rights do not require removal, InCollect will remove those materials
only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA
permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name,
address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of
perjury that you have a good faith belief that the content was removed in error; (d) 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 InCollect may be found, and that you will
accept service of process from the person who provided the original complaint; and (e) a physical or electronic
signature
(for example, typing your full name).
4) Security
While we work to protect the security of your Content and account, InCollect cannot guarantee that unauthorized
third parties will not be able to compromise our security efforts. Please notify us immediately of any compromise
or unauthorized use of your account.
5) Third-Party Professionals and Services
You will be provided the opportunity to purchase products and services “Products” offered and sold by Third-Party
Professionals. The information provided for any Product listing is provided by Professionals, and, while we
require Professionals to provide complete, accurate and non-misleading Product information, descriptions and
images,, we do not represent, warrant or guarantee that such Professional Content is accurate, complete, reliable,
current, or error-free, and we are not responsible for, and disclaim any liability arising from or relating to,
such Product listing Content. All purchases of Products made by you are a direct sale and purchase between you
and the applicable Professional. InCollect is not a party to such transaction, and only facilitates the exchange
of information between you and the Professional by providing a marketplace for the marketing and offering of the
Products. InCollect does not provide any warranty or guarantee on any of the Products, whether express or implied,
and does not assume, and hereby disclaims, any responsibility or liability for the actions or inactions of
Professionals of such Products, or for the Products offered, sold or provided by, any Professional. Professional
Content, descriptions or images of, or references to, Professional’s Products on the Website do not imply our
endorsement of such Products, and we are not responsible for, and disclaim any endorsement of, any such Product.
6) Termination
InCollect may terminate or suspend this license at any time, with or without cause or notice to you.
7) Indemnity
If you use our Services for commercial purposes in violation of these Terms, as determined in our
sole and absolute discretion, you agree to indemnify and hold harmless InCollect and its officers,
directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands,
liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and
accounting fees (including costs of defense of claims, suits or proceedings brought by third parties),
in any way related to, (a) your access to or use of our Services, (b) your Content, or (c) your breach
of any of these Terms.
8. Disclaimers
The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express
or implied.
InCollect specifically disclaims any and all warranties and conditions of merchantability, fitness for a
particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
InCollect does not endorse or make any representations or warranties as to the accuracy, completeness,
truthfulness or reliability of any Content or any advice, ideas or information communicated on or in
connection with the Services by any users or other third parties. You agree that any reliance by you
on any such advice, ideas or information is solely at your own risk. You agree that we have no obligation
to review or screen any Content before it is published on the Services, and you acknowledge that by using
the Services, you may be exposed to Content that is inaccurate or misleading or that you otherwise find
objectionable. You agree that we will not be liable or responsible for the Content of any other user.
9. Limitation of Liability
To the maximum extent permitted by law, InCollect shall not be liable for any indirect, incidental,
special, consequential or punitive damages, or any loss of profits or revenues, whether incurred
directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting
from (a) your access to or use of or inability to access or use the Services; (b) any conduct or
Content of any third party on the Services, including without limitation, any defamatory, offensive
or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of
your transmissions or content. In no event shall InCollect's aggregate liability for all claims relating
to the Services exceed one hundred U.S. dollars (U.S. $100.00).
10) Dispute
Resolution/Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of
Massachusetts, excluding that body of law relating to conflict of laws. The parties agree that any
controversy or claim arising out of or relating to these Terms, or the breach thereof, will be settled
by binding arbitration. The decision rendered by the arbitrator will be binding upon the parties
hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in
Massachusetts. Venue will lie exclusively in Middlesex County, Massachusetts. For the sake of clarity,
nothing in this paragraph shall affect InCollect's ability to seek from a court injunctive or
equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret these Terms or matters
relating to it, the substantially prevailing party, as determined by the arbitrator's award, will
be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such
arbitration or proceeding from the other party, in addition to any other relief to which such
prevailing party is entitled; provided that in no event will the arbitrator have the authority
to award punitive damages.
11) Jurisdictional Issues
InCollect makes no representation that the Website operates (or is legally permitted to operate)
in all geographic areas, or that the Information, Website, or Services are appropriate or available
for use in other locations. Accessing the Website from territories where the Website or any content
or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose
to access the Website, you agree and acknowledge that you do so on your own initiative and at your
own risk, and that you are solely responsible for compliance with all applicable laws.
12) Miscellaneous
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions. These are the entire Terms between you and us
relating to the subject matter herein and supersedes any and all prior or contemporaneous written
or oral agreements between you and us with respect to such subject matter. These Terms may not
be changed, waived or modified except by InCollect as provided herein or otherwise by written
instrument signed by InCollect. Neither these Terms nor any right, obligation, or remedy hereunder
is assignable, transferable, delegatable, or sublicensable by you except with InCollect’s prior
written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null
and void. InCollect may assign, transfer, or delegate these Terms or any right or obligation or
remedy hereunder in its sole discretion. 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.
InCollect reserves the right to determine the form and means of providing notifications to you,
and you agree to receive legal notices electronically if we so choose. We may revise these Terms
from time to time and the most current version will always be posted on our website. By continuing
to access or use the Services after revisions become effective, you agree to be bound by the revised
Terms. If you do not agree to the new terms, please stop using the Services.
