1. Incoming Media, Inc (“Incoming”, "we" or "us") provides incoming.tv / incoming-media.com (the "Site") and the Incoming smartphone application services (the "Services").
2. “You” means any person using or accessing the Site or Services.
3. This is a legal agreement between you and Incoming Media, Inc stating the terms that govern your use of the Services. This agreement - together with all updates, additional terms, software licenses, and all of Incoming rules and policies referred to in this agreement - collectively constitute the "agreement" between you and Incoming Media, Inc.
4. If you agree to these terms you are entitled to download Incoming. If you do not agree to these terms you may not use the Services. Your download of Incoming and use of the Services means that you accept and agree to abide by these terms as presented to you. Incoming may refuse access to the Services for non-compliance with any part of this agreement.
5. You acknowledge and agree that, by accessing or using the Services or by accessing any part of the Services or the Site, you are indicating that you have read, understand and agree to be bound by these terms of service, whether or not you have registered with Incoming. If you do not agree to these terms of service, then you have no right to access or use the Services, or the Site.
6. We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or the Site or to modify these Terms of Service, at any time and without prior notice. By continuing to access or use the Services or the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services and the Site.
7. We reserve the right, at any time, to impose or restructure any fees charged for your use of the Services or Site. Incoming will notify you in advance of any changes with respect to fees we choose to impose.
8. We provide the means through which you can utilize the Services and Site on your phone or wireless device ("Mobile Services"). If you choose to utilize Mobile Services, you thereby agree to receive such service on the device you provide for such purposes and understand that your wireless provider's standard sms and/or data rates may apply to these services. By using the Mobile Services, you agree to be responsible for any fees that we may impose or are incurred as a result of your use of the Mobile Services. You represent that you are the owner or authorized user of the wireless device you use to access the Mobile Services and that you are authorized to approve the applicable charges.
10. You agree not to do any of the following while using the Services or Site:
10.1. Copy or use the program comprising the Services for your own purposes whether for reward or otherwise;
10.2. Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, the Incoming name, any Incoming trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Incoming’s express written consent;
10.3. Access, tamper with, or use non-public areas of the Site, Incoming computer systems, or the technical delivery systems of Incoming providers;
10.4. Attempt to probe, scan, or test the vulnerability of any Incoming system or network or breach any security or authentication measures;
10.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Incoming or any of Incoming providers or any other third party (including another user) to protect the Services or Site;
10.6. Attempt to access or search the Services or Site other than by using the Software and/or search agents provided by Incoming or other generally available third party web browsers (such as Google Chrome, Mozilla Firefox, Safari or Opera);
10.7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to any other users of the Services;
10.8. Use the Services or Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
10.9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site to send altered, deceptive or false source-identifying information;
10.10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
10.11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
10.12. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
10.13. Violate any applicable law or regulation; or
10.14. Encourage or enable any other individual to do any of the foregoing.
11. Incoming will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.
12. Incoming may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.
13. You acknowledge that Incoming has no obligation to monitor your access to or use of the Site or Services, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
14. Incoming reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
15. You agree that the Services, including but not limited to posts, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contains proprietary information and material that is owned by Incoming and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
16. Your access to and use of the Services and Site is at your own risk.
17. The site and services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Incoming explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
18. Specifically, Incoming:
18.1. will have no responsibility for any harm to any devices, including but not limited to your computer system, wireless device, network attached storage devices or other devices, or other loss of data, or other harm that results from your access to or use of the Services or Site;
18.2. makes no warranty that the Site or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis or including any Services provided on the Site, will be available, will be secure from unauthorized access;
18.3. makes no warranty regarding the quality of any products or services purchased or obtained through the Site or Services or the accuracy, timeliness, truthfulness, completeness or reliability of the Site or Services;
18.4. makes no warranty as to the accuracy or currency of any information provided in the Services.
19. You agree to use the Services and Site only as and where permitted by law.
20. You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services.
21. You understand that Incoming does not screen or inquire into the background of any Users of the Site or Services, nor does Incoming make any attempt to verify the accuracy or currency of statements of Users of the Site or Services.
22. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, nudity, or violence. Nevertheless, you agree to use the Services at your sole risk and that Incoming shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
23. Incoming makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services.
24. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, particularly if you decide to meet offline or in person. No advice or information, whether oral or written, obtained from Incoming or through the Site or Services, will create any warranty not expressly made herein.
25. You agree to defend, indemnify, and hold Incoming, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of these Terms of Service.
26. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and Services remains with you.
27. Neither Incoming nor any other party involved in creating, producing, or delivering the Site or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer or device damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress or damages of any kind or character whatsoever arising out of or in connection with these Terms or from the use of or inability to use the site or Services, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Incoming has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
28. You specifically acknowledge that Incoming cannot control and is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing is entirely borne by you
29. Incoming will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the Site or through the Services.
30. If you are dissatisfied with the Site, or with any of these terms, or consider that Incoming has breached these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
31. If you breach any of these Terms of Service, Incoming will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Incoming reserves the right to revoke your access to and use of the Site and Services at any time, with or without cause. In the event Incoming terminates these Terms of Service for your breach, you will remain liable for any amounts which Incoming may have previously charged to you.
32. These Terms of Service and any action related thereto will be governed by the laws of New South Wales. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the federal or state courts located in New South Wales, Australia and each of the parties hereto consents to the personal jurisdiction and venue in such courts.
33. These Terms of Service constitute the entire and exclusive understanding and agreement between Incoming and you regarding the Site and Services, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Incoming and you regarding the Site and Services.
34. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without the prior written consent of Incoming. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Incoming may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
35. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given:
35.1. by Incoming via email (in each case to the address that you provide) or
35.2. by posting to the Site.
36. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
37. The failure of Incoming to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Incoming. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.