Terms of Service

Last Updated August 26, 2008

By using getincreo.com, getbackboard.com and/or any services of Increo Solutions, Inc. ("Service"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Increo reserves the right to update and change the Terms of Service without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://getbackboard.com/pages/tos.

Violation of any of the terms below will result in the termination of your Account. While Increo prohibits the conduct and certain materials and media submitted to the Service ("Content") as detailed below, you understand and agree that Increo cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Use by “bots” or other automated methods are not permitted. Use of any data mining or similar data gathering and extraction methods in connection with the site is not permitted.
  3. You must be able to form legally binding contracts. If you do not fit this requirement, you must immediately discontinue use of this Service.
  4. You must provide a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like and may purchase paid upgrades for as many people as you would like.
  6. You are responsible for maintaining the security of your account, password, Backboard URL, and/or Access Key. Increo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account, i.e. sponsored accounts).
  8. You are not permitted to block ads.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Some jurisdictions may have restrictions on the use of the Internet by their residents.
  10. You may not use the Free accounts on the Service for corporate use. This includes use for the normal course for any type of company. Prohibited use includes but is not limited to preparing documents for internal and external company use and sharing documents with clients. You may use paid accounts for corporate use as specified in the plan descriptions. For inquires about corporate use, please contact us.

Subscription

  1. By signing up for a paid account, you hereby authorize Increo Solutions, Inc. to charge your credit card regularly according to the plan rate specified.
  2. You are solely responsible for properly canceling your paid account by downgrading to a Free plan. An email or phone request to cancel your account is not considered cancellation.
  3. If you are offered a free trial period at the beginning of the subscription, you will be charged after the duration of the trial period. You may downgrade your account to the Free account anytime during the trial period and you will not be charged. You are only eligible for one trial period, even if you upgrade several times. If you downgrade to a Free account during the trial period, you forfeit the remainder of the trial period.
  4. If you downgrade the Service before the end of your current paid period, your downgrade will take effect immediately and you will be charged the new rate for the next period on your current payment schedule. We do not provide refunds or prorated rates for partial periods of service.
  5. If you upgrade the Service before the end of your current paid period, your upgrade will take effect immediately. If you pay per month, your upgrade will take effect immediately and you will be charged the new rate for the next month on your current payment schedule. If you pay yearly, you will be charged a one-time upgrade fee equal to the prorated difference between your former plan and the new plan.
  6. Increo, in its sole discretion, has the right to downgrade, suspend or terminate your account and refuse any and all current or future use of the Service, or any other Increo service, for any reason at any time. Such termination of the Service will result in the downgrade, deactivation or deletion of your Account or your access to your Account, and may require the forfeiture and relinquishment of all Content in your Account. Increo reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Increo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service.
  3. Increo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the Content you provide to the Service. Your profile and materials posted and uploaded remain yours. However, by setting any pages you create to be viewed publicly or contributing to public pages, you agree to allow others to view and share your Content.
  2. Increo does not pre-screen Content, but Increo and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright © 2008 Increo Solutions, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Increo.
  4. Increo is not responsible for any loss of or restriction to intellectual property rights due to disclosure on any public portions of the Service according to the laws of your jurisdiction.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only available via email.
  2. You understand that Increo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Site, the Service, Increo, or any other Increo service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Increo.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Increo customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not upload, post, host, or transmit unsolicited email, SMSes, or “spam” messages.
  9. You must not transmit any worms or viruses or any code of a destructive or obstructive nature.
  10. If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Increo) of other Increo customers, we reserve the right to immediately disable your account.
  11. Increo does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Increo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Increo has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. Upon a request by Increo, you agree to defend, indemnify, and hold harmless Increo or its affiliates and licensors and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Service. Increo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Increo in asserting any available defenses.
  14. The failure of Increo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Increo and govern your use of the Service, superceding any prior agreements between you and Increo (including, but not limited to, any prior versions of the Terms of Service).

If you have questions about our Terms of Service, please contact us.