In Creative Company (“The Co” or “we” or “us” or “our”) provides its content on the InCreative.Co (“Website”) subject to the following terms and conditions (“Terms”).
We may periodically change the Terms, so please check back from time to time. Any such modifications shall be effective upon posting on the Website. You agree to be bound to any changes to these Terms when you use the Website after any such modification is posted. It is therefore important that you review these Terms each time before accessing the Website to ensure that you are updated as to any changes. If you do not want to be bound by a modification to these Terms, you will need to refrain from using the Website. No other amendments will be valid unless they are in a paper writing signed by “The Co” and by you. You understand and agree that “The Co” may discontinue or change the Website at any time, without notice to you. “The Co” makes no commitment to update the information and content on the Website.
All content and functionality on the Website, including without limitation all text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of “The Co” or its licensors and are protected by the U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and common law Trademarks of “The Co” and its licensors. You agree that you will not refer to or attribute any information to “The Co” or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, “The Co” or its licensors. All rights not expressly granted are reserved.
“The Co” hereby grants you a limited, non-exclusive, non-transferable license for the term hereof to access and download, display and print one copy of the content and functionality displayed on the Website (collectively, the “Website Content”) on any single computer for your internal, non-commercial use, provided that you do not modify the Website Content in any way and that you retain all copyright and other proprietary notices displayed on the Website Content. You shall not otherwise reproduce, modify, distribute, perform, transmit, post, publish, disclose, store, disassemble, or de-compile the Website Content without prior written consent by “The Co.” Systematic retrieval of data or other Website Content from the Website to prepare any collection, compilation, database, or directory is strictly prohibited. You understand and agree that “The Co,” in its sole discretion, may direct you to cease using the Website, and discontinue or restrict your access to the Website, all without notice to you and for any reason. You agree that “The Co” shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any parts thereof.
When you create an account with us, you must provide social security information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our website.
You are responsible for safeguarding the password that you use to access the website and for any activities or actions under your password, whether your password is with our website or a Third-Party Social Media Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the website will cease immediately. If you wish to terminate your account, you may simply discontinue using the website.
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.
If you are a U.S. federal government end-user, our website is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Contribution Standards set out in these Terms; to transmit, or procure the sending of, any advertising or promotional material without prior written consent of “The Co,” including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; to impersonate or attempt to impersonate “The Co,” a “The Co” employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Website or users of the Website or expose them to liability.
Additionally, you agree not to: use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website.
The Website may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that: (A) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (B) All of your User Contributions do and will comply with these Terms, including the Contribution Standards below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not “The Co,” have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Website.
“The Co” reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for “The Co;” take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
We do not undertake to review all User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by “The Co,” are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of “The Co.” We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by third parties.
The content and functionality on the Website are provided with the understanding that “The Co” is not herein engaged in rendering professional advice and services to you. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. “The Co” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. “The Co” MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR-FREE; NOR DOES “The Co” MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. “The Co” MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL “The Co” OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF “The Co” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. “The Co” IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY OF YOU, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE. IN NO EVENT SHALL “The Co” OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT APPLY TO ALL USERS.
“The Co” prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights, including the rights of privacy and publicity, of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any information on the Website, please write to “The Co” at the address shown below, providing a written statement. To be effective, the statement must contain the following information:
“The Co” will remove any posted submission that infringes the copyright and/or intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). “The Co”’s contact for submission of notices under this section is:
In Creative Company
123 Town Square Place #391
Jersey City, NJ 07310
These Terms are governed by the laws of the State of New Jersey without reference to the principles of conflicts of laws thereof. You expressly consent to the jurisdiction of the state and federal courts of New Jersey for any dispute or claim arising out of these Terms.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated. If we have made them available to you on our website, you agree that the original English text shall prevail in the case of a dispute.
If you have any concerns or disputes about the Terms, you agree to first try to resolve the dispute informally by contacting the Company at Connect@InCreative.Co.
“The Co” is a modern union of women and allies striving for equity of opportunity for all. While “mostly women” is in the Website’s description, we don’t turn anyone based on gender or what they identify as the Website, and “The Co” welcomes all.
The owner of this Website is based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms, as amended, and the consents provided by you, constitute the entire agreement between you and “The Co.”