These terms & conditions (“T&Cs”) are offered to you by Incubase Studio Ltd, and govern your use as a visitor to www.Incubase Studio.net and/ or other websites managed by Incubase Studio that reference the T&Cs (the “Incubase Studio Sites”).

By using, accessing and/or visiting the Incubase Studio Sites, you accept and agree these T&Cs. If you do not accept and agree to the T&Cs, you should immediately stop using, accessing, and/or visiting the Incubase Studio Sites.

Please also carefully read Incubase Studio’s Privacy Policy, located [here]. By agreeing to these T&Cs, you also agree to and accept our Privacy Policy.

In addition to the T&Cs and Privacy Policy, additional terms may apply in certain limited instances, such as when you sign up for a promotion, opt-in to receive emails, or download software. Incubase Studio will present such terms to you before you sign up, opt-in, or download.

MODIFICATIONS

We reserve the right to make changes at any time to the Incubase Studio Sites, these T&Cs, our policies, and any other terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the T&Cs by posting the new T&Cs on the Incubase Studio Sites. Please consult these T&Cs regularly for any changes. The date of the last revision appears at the top of the T&Cs. Your use of the Incubase Studio Sites following any changes to the T&Cs will signify your acceptance of the revised terms.

ACCESS TO AND USE OF THE INCUBASE STUDIO SITES

Subject to these T&C, Incubase Studio grants you a limited license to access and use the Incubase Studio Sites for your personal, non-commercial use. However, except as otherwise provided in these T&C, the contents of the Incubase Studio Sites is owned by or licensed to Incubase Studio, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify a Incubase Studio Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Incubase Studio Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Incubase Studio.net so long as the link does not portray Incubase Studio or Incubase Studio.net in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other “hidden text” utilizing Incubase Studio or Incubase Studio’s name or trademarks to reference the Incubase Studio Sites without our express written consent. You may not use disguised referrals to link to any Incubase Studio Site. Without our prior written consent, you may not exploit the Incubase Studio Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the Incubase Studio Sites only with the involvement of a parent or guardian. Any unauthorized use of the Incubase Studio Sites or use in violation of these T&Cs terminates this limited license.

COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR INCUBASE STUDIO TO MONITOR; ELECTRONIC COMMUNICATIONS

Incubase Studio may give visitors to the Incubase Studio Sites the option of posting content or various other opinions and comments (“Your Comments”) on specified sections of the Incubase Studio Sites. To do so, you may have to provide personal information (a term defined in the Privacy Policy). You retain ownership of Your Comments, but by posting you grant Incubase Studio a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media Incubase Studio in its sole discretion selects. You grant Incubase Studio and sub-licensees the right in our sole discretion to use the name that you submit in connection with such content, but Incubase Studio shall at all times use the name and content in accordance with our Privacy Policy. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You represent and warrant that you own or otherwise control all of the rights to, and/or have a right to post, the content that you submit and/or post; that the content is accurate; that use of the content you supply does not violate these T&Cs and will not cause injury or damage to any person or entity; and that you will indemnify Incubase Studio for all claims resulting from content you supply.

The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Incubase Studio in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”

Incubase Studio takes no responsibility and assumes no liability for any content posted by you or any third party. Incubase Studio may monitor, review or edit such content you or others post or submit, but is not obligated to do so.

When you visit a Incubase Studio Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Incubase Studio Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY MATTERS

COPYRIGHT
All content included on the Incubase Studio Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Incubase Studio and/or its licensors and protected by international copyright laws and other laws and regulations. Any and all software and other materials available for download from the Incubase Studio Sites are, unless otherwise stated, the property of Incubase Studio and protected by international copyright laws.

TRADEMARKS

“Incubase Studio” and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Incubase Studio. You may not use the foregoing in any manner that disparages or discredits Incubase Studio or is likely to cause confusion among customers. You may not use Incubase Studio’s trademarks and/or trade dress in connection with any product or service without our express written consent.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE INCUBASE STUDIO SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE INCUBASE STUDIO SITES AND ALL CONTENTS THEREON ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCUBASE STUDIO AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INCUBASE STUDIO SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. INCUBASE STUDIO MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE INCUBASE STUDIO SITES OR OF SITES LINKED TO THE INCUBASE STUDIO SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE INCUBASE STUDIO SITES OR ANY HYPERLINKED WEBSITES. INCUBASE STUDIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE INCUBASE STUDIO SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE INCUBASE STUDIO SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL INCUBASE STUDIO, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE INCUBASE STUDIO SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE INCUBASE STUDIO SITES OR DOWNLOADABLE MATERIALS), EVEN IF INCUBASE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.

MISCELLANEOUS

GOVERNING LAW

By using a Incubase Studio Site, you agree that the laws of the Hong Kong, without regard to principles of conflict of laws, will govern these T&Cs and any dispute of any sort that might arise between you and Incubase Studio from your use of the Incubase Studio Sites.

ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT

These T&Cs and other legal notices published by Incubase Studio on the Incubase Studio Sites applicable to an activity you engage in shall constitute the entire agreement between you and Incubase Studio concerning the Incubase Studio Sites. If any of the provisions of these T&Cs shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these T&Cs, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Incubase Studio’s failure to assert any right under these T&Cs shall not constitute a waiver of such right. You may not assign or transfer these T&C, but Incubase Studio may assign the T&C without restriction.

INDEMNIFICATION

You agree to indemnify, defend and hold Incubase Studio, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Incubase Studio Sites and/or any action by you which violates any law, regulation or rights of a third party.

LINKS TO THIRD PARTY WEBSITES

The Incubase Studio sites may contain links to third-party websites. You acknowledge and agree that Incubase Studio does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Incubase Studio of the third-party websites. If you access such websites via the links, you do so at your own risk.

TERMINATION

Without prior notice, Incubase Studio may terminate your license to access the Incubase Studio Sites and/or your user account if you violate or breach the T&C or for any other reason, including Incubase Studio’s discontinuance of the Incubase Studio Sites. In the event of termination, provisions on prohibited conduct, electronic communications, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.

Last updated: April 12, 2023