Terms and Conditions of Use
iNCAPAZ! Servicetries, (we or us) owns and operates the applications for use on mobile and fixed devices called “De-Escalator” and “Trauma CPR” and related website (collectively referred to as Site). These Terms and Conditions of Use (Terms) govern your access to and use of the Site, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site (collectively referred to as Content).
Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (including our Privacy Policy) and the Terms are legally binding on you. You must read these Terms carefully before your use of the Site.
We reserve the right to amend these Terms at any time. You will be deemed to have accepted the terms and conditions as amended by your continued access to and use of the Site.
Any content or information you provide to us will be dealt with in accordance with our Privacy Policy.
Intellectual Property
All information, text, material, images, audio, video, graphics, software and advertisements on the Site (Material) are copyright © 2022 iNCAPAZ!, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by United States and international copyright laws.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Site, or expressly authorized in writing by us.
You must not use the Site trade marks, logos or other materials for any purpose without the prior written consent of iNCAPAZ!
You may, subject to specific restrictions set out in these Terms, download Material from the Site solely for your personal, non-commercial use. You must not distribute such Material in any form to any third party without express permission and payment of fees. You agree not to change or delete any proprietary notices from any Material downloaded from the Site.
Age
No user is to utilize the Site unless the user is aged 16 years or older.
Registration
No registration is required but can facilitate communication and full benefits from what the Site offers.
For increased anonymity when communicating with us or electing options to receive emails, you may wish to set up an email account with an email provider who does not require you to enter any Personal Information to create the account. Not linking the email account to any of your social media will also minimize the amount of Personal Information you are providing when you register to use the Site.
Security
Some of our services require registration, user names, and passwords. They are for your use only and are not transferable. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password.
We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) in relation to your account. Incapaz cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Content and Uploads
All information, text, graphics, photos, comments or other materials uploaded, downloaded or appearing on the Site (Content), whether publicly posted or privately transmitted, is the sole responsibility of the person who created such Content.
Incapaz does not take responsibility for such Content. Any use or reliance upon any Content or materials posted on the Site or obtained by you through the Site is at your own risk.
Incapaz does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content posted on the Site or endorse any opinions expressed on the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will the Incapaz (or its staff, contributors, or leaders) be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
Users must not:
upload any information, text, data, program or comments on the Site (Works) which are false, misleading or deceptive;
post or upload any Works which are libelous, defamatory or which discloses private or personal matters concerning any person, or any Works which are indecent, obscene or pornographic;
post or transmit any Works that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
post or transmit any file or data which contains viruses or any other contaminating or destructive features;
post or transmit any Works which are harmful, threatening, abusive or hateful;
post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes; and/or
use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others
express or imply that any statements you make are endorsed by Incapaz or its community without our specific prior written consent
post content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users
If Incapaz suspects that material which has been uploaded contravenes any of the above conditions, Incapaz reserves the rights to take down that material without notice to the user who uploaded it.
Incapaz will not be responsible for any consequential loss or damage caused to the user by the removal of the material.
Incapaz reserves the right at all times (but will not be obliged) to remove or refuse to post any Content on the Site, to suspend or terminate registered users, and to reclaim usernames without liability to any such user or third party.
Incapaz also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce the Terms, including investigation of potential violations thereof;
(c) detect, or otherwise address fraud, security or technical issues,
(d) respond to user support requests; or
(e) protect the rights, property or safety of Incapaz, its users and the public.
Copyright Policy
Incapaz respects the intellectual property rights of others and expects users of the Site to do the same.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us via our contact form. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
identification of the copyright work said to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
your contact information, including your address, telephone number and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to the users involved. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
Communication
The Site may now or in the future contain communication facilities such as forums and chat rooms, which provide for real-time communication between users of the Site, for feedback to us, messaging and notice services. We reserve the right (but not the obligation) to monitor such communication facilities and the communications and Content posted from time to time. While we reserve the right to monitor such communication facilities, we do not, cannot, and are under no obligation to, review all communications and third party materials posted or uploaded to the Site and are not responsible for the content of these communications and third party materials.
Incapaz does reserve the right to block, edit or remove from the Site communications and third party materials which Incapaz in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms, or offensive or otherwise unacceptable to the Company.
You acknowledge and agree that Incapaz has no control over users of the Site, and is under no circumstances liable for the behavior, opinions or conduct of such users, including but not limited to any information, materials or advice provided by them, any defamatory or otherwise offensive statements.
Warranty
By uploading Works to the Site, the user warrants as follows:
1. That either:
(a) the Works contain no third party content (including music or images); or
(b)the user has obtained licenses to include any third party content in the Works and to upload it to the Site, and holds the necessary rights to grant the License; and
2. That any person appearing in the Works consented to the use of their name and/or image and/or voice in the Works, the uploading of the Works to the Site and the granting of the License; (together, the Warranties).
Indemnity
You agree to indemnify Incapaz and keep Incapaz, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms, the Warranties or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person using your registered account.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Incapaz account, which you may not be able to opt-out from receiving.
License to Incapaz
By using and placing any Works on the Site you grant Incapaz and its affiliates a world-wide, perpetual, non-exclusive, royalty-free license to use the Works in any manner and in any medium, at Incapaz’s sole discretion, including to reproduce, transmit, distribute, adapt, publicly perform and display the Works subject to the Privacy Policy (through all media now known or hereafter created) (License).
You expressly waive in favor of Incapaz any moral rights or similar rights you have in any jurisdiction in respect of the Works. If requested by Incapaz you agree to enter into any further agreements necessary to document the license and waiver set out above.
If you make suggestions to Incapaz on improving or adding new features to the Site, Incapaz shall have the right to use your suggestions without any compensation to you.
Monitoring
Each user of the Site is responsible for the content he or she uploads to the Site. We do not actively monitor content and will not censor user content, except in the limited circumstances described above and in our Privacy Policy.
You can file a report that someone is uploading abusive, objectionable or threatening content to the Site either directly within the application or by the contact form our website.
Once you have submitted your report, we will review the reported user account, including any particular Incapaz that have been reported. If the Incapaz user has violated any of our policies set out in these Terms, we will take action, ranging from removing the reported content & warning the responsible user up to permanently suspending the user account of the person responsible for uploading the content.
If someone has used the Site to threaten or intimidate you, you should report the threat to the police so they can accurately assess the legitimacy of the threat. Incapaz does not have the ability to investigate and assess a threat, bring charges or prosecute individuals. If the police contact Incapaz to investigate a threat, we can work with them to provide the required information for their investigation.
Variation and Termination
These Terms shall continue to have full force and effect until varied or terminated by Incapaz. Incapaz reserves the right to terminate this agreement and your access to the Site at any time for any reason or for no reason. The Terms relating to intellectual property, your licenses to Incapaz, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
Incapaz reserves the right to vary these Terms at any time, including by posting new or varied Terms on the Site. You will be given the opportunity to accept such varied Terms on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms as varied your permission to use the Site will terminate immediately.
General
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United States.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceable shall not affect the remainder of the agreement which shall continue to have full force and effect.
The waiver by Incapaz of a breach of these Terms by you shall not be construed as a waiver of any other breach of these Terms by you and shall not in any way restrict Incapaz’s right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms.
© 2022 Incapaz