Effective Date: May 7, 2021
Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and OpenTeams Incubator in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and OpenTeams Incubator. The contract governs your use of all websites operated by OpenTeams Incubator, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.
2. Your Agreement to the Terms
BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I AGREE” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.
3. Changes to the Terms
From time to time, OpenTeams Incubator may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current OpenTeams Incubator Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.
4. No Legal Advice
OpenTeams Incubator is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, does not constitute legal advice or create an attorney-client relationship.
Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.
5. Content Available through the Services
Provided as-is: You acknowledge that OpenTeams Incubator does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is OpenTeams Incubator liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.
Search and Attribution Tools: On some of its Websites, OpenTeams Incubator provides website search tools, including OpenTeams Incubator Search, which return Content based on information our search tools are able to locate and interpret. Those search tools may return Content that is not OpenTeams Incubator licensed, and you should independently verify the terms of the license and other copyright and attribution information attached to any Content you intend to use. You should independently verify the information before reuse. For the avoidance of doubt, OpenTeams Incubator does not represent and warrant that the search tools display accurate or complete information, and you agree to independently verify before reuse. See Sections 9, 10, and 11 below for the full disclaimer and indemnification terms.
Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. If you find content using OpenTeams Incubator Search, be sure to independently verify the license terms, attribution, and other copyright information before using it.
6. Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Licensing and Your Content: You retain any copyright that you may have in Your Content. You hereby agree that for any content not owned by you, you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.
Removal: OpenTeams Incubator may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or OpenTeams Incubator) does not impact any rights you granted in Your Content under the terms stated above.
Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you do not own the content, then you should not post it unless it is in the public domain or licensed, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.
7. Participating in the OpenTeams Incubator Community: Registered Users
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
No Membership in OpenTeams Incubator: Creating a OpenTeams Incubator Login Service account or using any of the related Websites or Services, does not and shall not be deemed to make you a member, shareholder or affiliate of OpenTeams Incubator for any purposes whatsoever, nor shall you have any of the rights of statutory members..
Termination: OpenTeams Incubator reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old. OpenTeams Incubator has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of OpenTeams Incubator.
8. Prohibited Conduct
You agree not to engage in any of the following activities:
1. Violating laws and rights:
4. Harming others:
5. Impersonation or unauthorized access:
Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FABULYTICS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FABULYTICS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY FABULYTICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FABULYTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Human-readable summary of Sec 9: OpenTeams Incubator does not make any guarantees about the sites, services, or content available on the sites.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FABULYTICS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF FABULYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FABULYTICS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Sec 10: OpenTeams Incubator is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.
To the extent authorized by law, you agree to indemnify and hold harmless OpenTeams Incubator, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content resulting from your use of OpenTeams Incubator Search, (c) your use of any of the Services, and/or (d) the Content you make available on any of the Services.
Human-readable summary of Sec 11: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay OpenTeams Incubator for the damage it causes.
OpenTeams Incubator’ name, logos, icons, and other trademarks remain the sole property of OpenTeams Incubator and all rights is such intellectual property are expressly reserved.
Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Human-readable summary of Sec 13: Please respect and do not infringe on our intellectual property rights. Other trademarks used on this site are not intended to suggest endorsement or affiliation with OpenTeams Incubator.
14. Copyright Complaints
OpenTeams Incubator respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on a website owned or controlled by OpenTeams Incubator, send a Notice of Infringing Materials as set out in OpenTeams Incubator’ Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.
For questions regarding any Content accessible on our platform that is not hosted directly by us, you should contact the web site or service hosting the Content to have it removed.
Human-readable summary of Sec 14: Please let us know if you find infringing content on our websites.
By OpenTeams Incubator: OpenTeams Incubator may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by OpenTeams Incubator at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services (including use of your OpenTeams Incubator Login Service account) automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
Human-readable summary of Sec 15: If you violate these terms, you may no longer use our sites.
16. Information Only
The information contained in this website is provided for informational purposes only. It is not intended to substitute for obtaining accounting, tax or financial advice from a qualified professional. It is provided only as general information which may or may not reflect the most current industry developments. Consequently, the information should not be construed as legal, accounting, tax, investment or other professional advice or services. You should consult your own tax, legal and accounting advisors before engaging in any transaction. OpenTeams Incubator does not review or endorse any company or offer presented to you via our platform or services and we not intend for our communication with our users to be interpreted as a recommendation, offer or solicitation for the purchase or sale of any security.
Human-readable summary of Sec 16: OpenTeams Incubator is not a financial services firm or a registered broker dealer. We are a telecommunications platform company. Use of this platform is at your own risk. It is up to you to consult with qualified professionals before engaging in a business transaction with any party that you connect with on our platform.
17. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Texas in the United States.
Dispute resolution: The parties agree that any disputes between OpenTeams Incubator and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Travis County, TX, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenTeams Incubator as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and OpenTeams Incubator relating to this subject matter and supersede any and all prior communications and/or agreements between you and OpenTeams Incubator relating to access and use of the Services.
Human-readable summary of Sec 17: If there is a lawsuit arising from these terms, it should be in Texas and governed by Texas law. We are glad you use our sites, but this agreement does not mean we