Welcome to Incus Inc!
Our Terms of Service have been updated. Therefore, please, read these Terms of Service carefully before using the Website and/or Services. There is a Learning Content Creator Agreement specific to Learning Content Creators following Terms of Service applicable to both Learning Content Creators and Learners. If you do not accept these Terms of Service or Learning Content Creator Agreement please, do not use the Website and do not click "Sign up as a Learner/Learning Content Creator" (or similar) or do not use the Services otherwise.
Please be informed that as a user you are using our services and hence, trust us. Therefore, it becomes pertinent that we are able to provide you with the best quality services with minimal effort. We endeavour to ensure that every user experience is smooth and hassle-free. These Terms and Condition of Use, guide user behaviour and in the process lay down certain parameters and guidelines, which would be beneficial to both, you and us, the Company.I.TERMS OF SERVICE
Incus Inc, operating under the name of 'INCUS Quiz App', 'TRAIN App" and Website is a company incorporated under the laws of United State of America in Delaware and is involved in the business of providing a Platform for Quiz Tournaments and Short Learning Videos to the Learners by Learning Content Creators globally. Incus Inc operates through its Subsidiary Incus Quiz Private Limited in India to process the Payments made and offer Customer Support Services .
) pertains to the services made available at https://www.incus.online/
(hereinafter 'Incus Website') and its equivalent INCUS Quiz App', 'TRAIN App" Mobile Application (hereinafter 'Incus Apps') available on Google Play, Windows Store or Apple Store. The Incus App and Incus Website, on which the services are availed, will be hereinafter collectively referred to as 'Platform'
You may be accessing and using Platform of Incus Inc as (i) a Learner,(ii) a Parent of a Learner, (iii) a Learning Content Creator, (iv) a Company or (v) a visitor simply using the functionality, including that of the Blog, and/or reviewing the content, that is publicly available on the Website
shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the services on the Platform, by providing login credentials while registering on our website as a Subscribed User (defined in Clause 2.1) using the computer systems.
The term 'We'
shall mean Incus Inc, the Company.
You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with Incus Inc and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a representative/parent/legal guardian, on behalf of the person/child represented by you, that uses our Services.
Through our Website, Services and Software, Mobile Applications as Incus Platform we enable Quiz Tournaments and Short Learning Videos to be uploaded and published by Learning Content Creators globally and made available to access by Learners with Paid Subscription Services. We enable Students/Parents , Learners and Companies to connect with Learning Content Creators, who provide live, Video on Demand Based online and offline one-to-one or group, tutoring and learning services through various Packages outside the Incus Platform. Learning Content Creators publishing Quiz Tournaments may offer free subscription to their Learning courses offered outside the Incus Platform as a Prize to winners in Quiz Tournaments or at discounted offer to players who played their Quiz Tournaments . Learning Content Creators can connect with users that played their published Quiz Tournaments and offer discounts on the enrolment fee into their Learning Courses .III. PAID SUBSCRIPTION OF INCUS QUIZ APP AND TRAIN APP
(hereinafter referred to as 'services') shall mean and include without limitation, the online Quiz tournaments Access to play on Incus Quiz App and online short Learning videos View and Play back on "Train" App that will be accessible to You as a Subscribed User and will exclude the free demo content that is accessible to all Registered Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the deﬁnition shall not in any way limit or restrict Our right to remove or add features to the Platform.
2. As a "Registered User", You are enrolled as Free User by default and have the option to purchase a Subscription Account (hereinafter referred to as "Paid Subscription"
) and become a Subscribed User. The beneﬁts and features available under the Paid Subscription Account is available for your reference at https://www.incus.online
. If You have initially enrolled as "Registered User" , You will have the option of upgrading at any time by clicking on the "Pay Now" icon available in Payment Section in the Settings Page In-App on Incus Quiz App and Train App .
3. You agree that any Subscription Plan to Services on Incus Platform provided by Us may be subject to change at Our discretion and We may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Us.
4. We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.
5. You agree that We may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.
6. When you enroll to a Subscription Plan on Incus Quiz Tournament App or Train App, you get a license from us to view it via the Incus Services and no other use for the. Don't try to transfer or resell your Subscription Plan in any way. We grant you a access license for Specified Time duration as mentioned in the Subscription Plan, except when we must disable the course because of legal or policy reasons.
7. Payment Terms
a) Any payments made to Incus in respect of Services are subject to the payment terms of Incus as will be notified to You once You initiate the process to become a Subscribed User.
b) The Fee including GST, if applicable, will be shown prior to completion of the online payment transaction.
c) Incus uses the Payment Gateway provided by PayUMoney to receive payments of Subscription Fee into Corporate Axis Bank Account of it's Subsidiary in India -Incus Quiz Private Limited .
d) In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Incus will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Incus will contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees such that the correct Fee is paid by you.
f) In case your bank account appears to be debited, yet the subscription plan is not activated, kindly refer to the following web page on Failed Transaction Policy: https://incus.online/failedtransactionpolicy
8. Refunds, Cancellation and Subscription Period
a) The Subscription fee for the Incus Quiz App and Train App service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be paid by you on your "Payment" page in the Incus Quiz App and Train App . The length of your Access License of Paid Subscription Plan on Incus Quiz App and Train App is for 30 Days. We do not authorize your Payment Method in anticipation of membership or service-related charges . The Payment History of Recent Payment and Renewal Payment Date shall be specified on the Payment Page In-App .
9. Payment Method
a) Incus hereby notifies You that Incus uses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Incus will not be responsible for any payment failures or errors occurring due to technical issues at the bank's end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.
b) To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial Subscription periods or unused Incus Learning content. Your Incus Subscription is active until the period your Paid Subscription Period and if not renewed on the renewal date at end of Subscription Period , it reverts automatically as Registered Subscriber . You always have option to do Payment for Paid Subscription Plan any time and restart your Paid Subscription .
Changes to the Price and Subscription Plans.
c) We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply only to your Next Payment and do not effect your current Paid Subscription plan.
a) The updated prices and features of Paid Subscription on Incus Quiz App and Train App is listed on our Web page https://incus.online/appsubscriptions
b) We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout)
c) All Prices and Payments are presently transacted in Indian Rupees (INR)
12. Gift and Promotional Codes
a) Incus or our partners may offer gift and promotional codes to students. Certain codes may be redeemed for prepaid credits applied to your Incus account, which then may be used to purchase eligible courses on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific courses.
b) These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Incus account. Gift and promotional codes offered by Incus may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law.IV. AMENDMENTS TO THESE TERMS
You must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian's permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are 'representing' and 'warranting' that you have obtained the appropriate permissions to use our Platform). If you are under the age of 13 you may not use our Platform in any manner nor may you register for an account.VI. VERIFICATION
· We have a well curated Vetting and Verification process before Incus permits a qualitative Learning Content Creator verified profile and Learning Content to be permitted to be listed on the Incus Platform. Before starting to List and Upload your Learning Courses, you need to send a Sample content of Quiz Tournament MCQs and Short Learning Videos you propose to upload . Our Subject Matter expert committee will give feedback and also a sample of students give feedback on Learning Content and only on the unanimous acceptance of Subject Matter expert committee and Students , we activate your Learning Content Creator Account for you to List , upload and publish Learning Content on Incus Platform .
· We may not control and are not responsible for any information provided by any Learning Content Creator with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Learning Content Creators themselves.
· Incus Inc cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services on Incus Platform, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
· WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH LEARNING CONTENT CREATOR ON OUR WEBSITE IS A LEGITIMATE LEARNING CONTENT CREATOR, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF LEARNING CONTENT CREATORS AND THE INFORMATION THEY PROVIDE VIA OUR PLATFORM. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON'T KNOW. NEITHER INCUS INC NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. INCUS INC AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
· Incus Inc may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("Consumer reports
"). Incus Inc does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Incus Inc does not independently verify information in the consumer reports.
You hereby consent to Incus Inc collecting, using and disclosing the information in the consumer reports. You understand and agree that Incus Inc may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Incus Inc shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Incus Inc reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Incus Inc's sole discretion.VII. Privacy
· In case you are a Student or Learner or Parent of a Student, Incus Inc hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time.
· In case you are a Learning Content Creator, Incus Inc hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Service and the Software solely for the delivery of your personal services to your clients (i.e. Students and Learners) and subject to the policies and restrictions that we post on our Website from time to time.
· You agree not to view, copy, or procure content or information from the Incus Website ,Software, Mobile Applications and Platform by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Incus Website ,Software, Mobile Applications and Platform (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Incus Inc. under separate written agreement.
· No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Incus Inc's prior written permission or as expressly provided in these Terms.
· Where you purchase a subscription or a license to access the Services on Incus Platform, you may not share that subscription or license with others.
· Incus Inc may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services, to prevent unauthorized third party access to or use of the Services.
· All rights not expressly granted herein are reserved.IX. INCUS USER ACCOUNTS
· You need an account for most activities on Incus platform. Keep your password somewhere safe, because you're responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team by writing email to firstname.lastname@example.org
· You need an account for most activities on our platform, including to purchase and enrol in a Paid Subscription Plan or to Upload Quiz Tournaments or Short Learning Videos on Incus Platform .
· When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.
· You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
· You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Incus will not intervene in disputes between Learners or Learning Content Creators who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
· You may delete your account/profile at any time. In case you are not using your Incus Inc Platform account or profile for more than 180 (one hundred eighty) days following the last payment (and not created any Learning Content or consumed any Learning Content for the last 180 days, it will be considered expired and gets deactivated and your remaining balance will be expired. Any remaining balance will be irreversibly lost and nonrefundable.X. DIRECT INTERACTIONS
· Incus Inc does not take part in direct interactions between Students/Learners and Tutors and Learning Content Creators.
Other than providing the platform for Students, Parents and Tutors to connect, Incus Inc may automatically monitor the interactions between Users only in case:
· We may find the content posted by Users on the Platform doubtful or infringing rights of other Users, but We are not obliged to do so;
· We may need to improve our Services.
1. Our scheduling system shall automatically regulate interactions between Students and Tutors and Learning Content Creators to fulfil the cancellation policy of the Service. The Platform Services provide connection to Tutors and Learning Content Creators who are willing to be engaged by Students and Parents as independent contractors. As independent contractors, the listed Tutors control the methods, materials and all aspects of the lessons.
2. The Services allow Tutors and Learning Content Creators to create subject- specific tutoring packages for certain number of hours that may occur over a number of tutoring sessions (each session individually a "Tutor Session," collectively the "Tutor Package"). Students are responsible for selecting the right Tutor for their needs. Students should review and investigate each Tutor's self-reported credentials, education, and experience, as well as reviews from other Parents and/or Students. All tutoring sessions should be supervised by a responsible adult.
· Incus Inc does not have control over transactions between Users. Incus Inc does not control Tutor Package provided by Tutors, any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.
· Students acknowledge and agree that Incus Platform Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Incus Platform Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
· Incus Inc expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. Incus Inc is not obliged but may monitor disputes between Users.
· Because Incus Inc is not responsible for or involved in any contact between Students, Parents and Tutors or in the assessment or provision of Tutor Packages, in the event that you have a dispute with one or more Users, you hereby release Incus Inc (and our officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
· If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."XI. CODE OF CONDUCT
· We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
1. No Illegal Activity: This is about as simple as it gets. Do not use the Incus Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct 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)
2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity
3. No Bad Code: Do not use the Incus Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
4. No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that you don't like your inbox cluttered with spam. You may not use the Incus Platform to engage in any activities that will result in sending spam to anyone on the Incus Platform, including Incus (and its employees), Creators, and Students
5. Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Incus Platform, we are going to be civil and respectful at all times
6. No Exploitation: You will not use the Incus Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content
7. No Impersonation of Incus or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Incus. You will not impersonate Incus or any of its employees
8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
9. No Use Other Than Intended: You may not use the Platform, or any content contained on the Platform for any purposes other than intended
· If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the Incus Platform. Whether conduct violates our Code of Conduct will be determined in Incus's sole discretion.
· Incus at its sole discretion may process any audio or audio-visual content uploaded by you to the Incus Platform to confirm if the same is in accordance with the Incus internal quality requirements and is compatible with the Incus Platform.
· Incus does not endorse any User Content submitted on the Incus Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Incus expressly disclaims any and all liability in connection with User Content. Incus does not permit copyright infringing activities and infringement of intellectual property rights on the Incus Platform, and Incus will remove all User Content if properly notified that such Content infringes on another's intellectual property rights. Incus reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.XII. LIMITS
· While using the Services, you agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.;
2. Provide accurate information to us and keep it updated;
3. Use the Platform Services including Website, Incus Quiz App and Train App in a manner that is lawful, relevant and proper to the applicable laws.
· Any use of the Website that Incus Inc, in its sole discretion, found inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.
· While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services, in any manner.
· Furthermore, you shall not disrupt or otherwise interfere in any way with any other User's use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Platform that allow Users to communicate to other Users ("Public Areas").
You agree to be abided by the following standards of conduct and You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website to:
1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Incus Inc
2. Circumvent or manipulate our fee structure, the billing process, or fees owed to Incus Inc or the Tutor; fail to deliver payment for items purchased by you, unless the Tutor of such Tutor Package has materially changed the package's description, a clear typographical error is made, or you cannot reach the Tutor; Fail to deliver Tutor Packages purchased from you, unless the Student or Parent fails to meet the posted terms, or you cannot reach the Student or Parent;
3. Manipulate the price of any item or interfere with other Users' Listings;
4. Use a name or language that Incus Inc, in its sole discretion, deems offensive;
5. Post false, inaccurate, misleading, defamatory, or libellous content (including personal data);
6. Post hateful or racially or ethnically objectionable Content;
7. Post Content which infringes another's copyright, trademark or trade secret;
8. Advertise or offer to sell any goods or services for any commercial purpose through the Service on Incus Platform which are not relevant to the services offered through the Incus Platform Service;
9. Post unsolicited advertising or unlawfully promote products or services;
10. Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information from the Incus Platform or using it for purposes unrelated to Incus Inc);
11. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
12. Impersonate another person;
13. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
14. Exploit children under 18 years of age;
15. Engage in disruptive activity such as sending multiple messages in an effort to monopolize your position;
16. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use;
17. Introduce viruses, worms, Trojan horses and/or harmful code to the Incus Platform;
18. Obtain unauthorised access to any computer system through the Incus Platform ;
19. Transfer your Incus Inc account (including feedback) and Login Credentials to another party without our consent;
20. Harvest or otherwise collect information about Users, including email addresses, without their consent;
21. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age);
22. Solicit personal data from children under 18 years of age;
23. Violate any federal, state, local, or international law or regulation;
24. Encourage conduct that would constitute a criminal or civil offense.
All submissions made to Public Areas will be public, and Incus Inc will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.XIII. TUTORS AND LEARNING CONTENT CREATORS INTRODUCTION VIDEO AND PROFILE PICTURE
· Tutors and Learning Content Creators grant Incus Inc the rights to use Tutor's and and Learning Content Creators Introduction video and profile picture for marketing, advertising or promotional purposes. Incus Inc may publish Tutor's and Learning Content Creators Introduction videos and profile pictures to our official channels in third-party social media advertising system, video hosting and streaming services, such as YouTube, Vimeo, Facebook or others, as to ensure accessibility and visibility to Incus Inc students regardless of location.
· You may always request to remove any Introduction videos published to our official channels in third-party social media, video hosting and streaming services by writing to email@example.comXIV. QUIZ TOURNAMENTS AND SHORT LEARNING VIDEOS CONTENT
· While we're on the subject of ground rules, we should also discuss what content is prohibited on the Incus Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on Incus.
Incus reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libellous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party's intellectual property or any other part of this AgreementXV. SERVICES
· Incus may provide the opportunity for Learning Content Creators and Tutors to sell offerings ("Services") to Students on the Platform .All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third-party content,
· You agree that Incus is not responsible in any way for such content and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Creator.XVI. INTELLECTUAL PROPERTY AND YOUR CONTENT
· In operating our Platform, it's important for us to make it clear who owns what. You are trusting us with your content and consistent with Incus's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Incus community.
· Incus Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Incus Content", and is and remains the sole property of Incus. Incus Content, including our trademarks, may not be modified by You in any way
· Your Content: Content that You upload to the Platform including 3 Minute Learning Videos and Multiple Choice Questions (MCQs) in Quiz Tournaments is and remains Your content. Incus does not claim any intellectual property rights over the materials You upload to the Incus Platform by virtue of Your use of our services. By uploading your content to the Incus Platform, You agree that:
1. Incus may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Incus has no obligation to review anything that You upload
2. You are uploading Your content to the Incus Platform at Your direction and that Incus does not in any way certify or provide approval or permission prior to You uploading Your content
3. Incus may display Your content to other users (e.g. Your Students) via the Incus Platform
4. You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
5. You agree to provide Incus with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Incus Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)
6. You are responsible for and own, or have the rights to use, all of Your Content
7 . Incus sells Paid Subscription to students and Learners to access Your content and at no obligation to pay you any Royalty .XVII. CONTENT FREE OF INFRINGEMENT OF ANY THIRD-PARTY RIGHTS
· You agree that Your Content does not infringe upon anyone else's intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
· In plain language, this means that if you're using someone else's work (including videos, text, charts, PowerPoints etc.) in your Content, you've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content
· Furthermore, you confirm that the User Content uploaded by you is not:
1. False, inaccurate or misleading;
2. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. Violate any law, statue, ordinance or regulation;
4. defamatory, unlawfully threatening or unlawfully harassing;
5. obscene or contain pornography.
6. Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
· You understand and confirm that you shall not during your use of the Incus Platform at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of Incus that you are engaged in any kind of harassment of other Users, then in such a case you agree that Incus shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
· Incus at its sole discretion may process any audio or audio-visual content uploaded by you to the Incus Platform to confirm if the same is in accordance with the Incus internal quality requirements and is compatible with the Incus Platform.
· Incus does not endorse any User Content submitted on the Incus Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Incus expressly disclaims any and all liability in connection with User Content. Incus does not permit copyright infringing activities and infringement of intellectual property rights on the Incus Platform, and Incus will remove all User Content if properly notified that such Content infringes on another's intellectual property rights.
· Incus reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyrightXVIII. INCUS'S GENERAL RIGHTS IN OPERATING ITS PLATFORM
· Incus reserves the following rights over the entire Incus Platform:
1. Incus may modify, terminate, or refuse to provide Incus Services at any time for any reason, without notice
2. Incus may remove anyone from the Incus Platform at any time for any reason, solely in Incus's discretion. This right is not modified by any other section of this Agreement
3. Incus may, but has no obligation to, monitor any content that appears on the Incus Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Incus employees
4. Incus reserves the right to modify, suspend, or alter its refund policy, at its sole discretion
5. If You close Your account or terminate Your Courses, Incus may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law
6. Incus reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement
7. Incus has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time
8. Incus will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
9. User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Incus Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a "download" or similar link displayed by Incus on the Incus Platform for that User Content.
10. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Incus or the respective licensors of the User Content. Incus and its licensors reserve all rights not expressly granted in and to the Incus Platform and the User Content.
11. Incus has the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason
Incus is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.XIX. INCUS'S RIGHTS TO CONTENT YOU POST
· You retain ownership of content you post to our platform, including your courses. We're allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
· The content you post as a student or Tutor or Learning Content Creator (including courses) remains yours. By posting courses and other content, you allow Incus to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an Tutor or Learning Content Creator, be sure to understand the course licensing terms that are detailed in the Learning Content Creator Terms
· When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Incus to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
· In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Incus for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.XX. YOU USE INCUS AT YOUR OWN RISK
· Anyone can use Incus to create and publish MCQ Quiz Tournaments and 3 Minute Short Learning Videos and we enable Tutors and Content Creators and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Incus at your own risk.
· Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of Learning content. We do not exercise any editorial control over the Learning content that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Learning content. If you enroll in a course, you rely on any information provided by an Tutor at your own risk.
· By using the Services, you may be exposed to Learning content that you consider offensive, indecent, or objectionable. Incus has no responsibility to keep such Learning content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any Learning content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of Learning content, and by viewing or Playing on such Learning content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your viewing or Playing such Learning content.
· When you interact directly with a student or a Tutor or Learning Content Creator, you must be careful about the types of personal information that you share. While we restrict the types of information Tutors may request from students, we do not control what students and Tutors or Learning Content Creators do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
· We do not hire or employ Tutors and Learning Content Creators nor are we responsible or liable for any interactions involved between Tutors and Learning Content Creators and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Tutors or students.
·When you use our Services, you will find links to other websites that we don't own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies
YOU AGREE THAT IN NO EVENT WILL INCUS BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF INCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE INCUS SERVICES