01. Changes to terms

HCI may change the Terms at any time and without formal notice. We will post any updates to the Site. By continuing to use the Site after changes are posted, you agree to these changes.

02. Site access

You may use the Site as long as you: 

• use it only for your own personal use, and for your business;

• do not download, copy, redistribute, resell, or exploit any content on the Site, except for personal use or as expressly permitted by HCI; and

• do not modify the Site.

HCI may also provide access to certain linked sites featuring HCI content and hosted on third party platforms – for example, the HCI Slack channel. These are referred to here as the “Linked Sites.”

The Site and the Linked Sites are hosted in the United States. If you access them from outside the US, you are responsible for compliance with local law.

The Site and the Linked Sites are intended for adults 18 and over. Please do not use the Site or the Linked Sites if you are under 18. 

03. Prohibited activity

You agree that you will not do any of the following:

• Use the Site or any HCI Linked Site for any unlawful purpose.

• Sell or redistribute content from the Site or any HCI Linked Site.

• Harass, threaten, stalk, spam, or defraud other users of the Site or any HCI Linked Site, or members or management of HCI.

• Attempt to collect personal information or confidential information of other users of the Site or any HCI Linked Site, or members or management of HCI, without their express prior consent.

• Interfere with or damage the Site or any HCI Linked Site or anyone’s ability to use them, including by hacking or otherwise using malicious code.

• Remove or interfere with any security features of the Site or any HCI Linked Site.

• Gain unauthorized access to the Site or any HCI Linked Site, or attempt to do so.

• Create unauthorized derivative works of the Site, any HCI Linked Site, or any content on them.

• Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

04. HCI Content, names and media

HCI is the sole owner of: (1) the names “Hudson Community Incubator,” “HCI,” and any variations thereof that HCI uses in its business; and (2) all Internet domains and email addresses that HCI uses in its business. You agree that you will not do anything that contradicts or interferes with HCI’s rights in these properties.

As between the Parties, HCI or its third-party providers own all content, software, designs, interactive features, trademarks, and other elements of the Site.

Except as expressly authorized by HCI, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site. HCI reserves all rights not expressly granted in these Terms.

You will not acquire any right, title, or interest to the HCI Materials, except for the limited rights set forth in these Terms. HCI makes no representations or warranties as to the accuracy or completeness of any content on the Site.

05. Third party consent

The Site and the Linked Sites include third-party posts, text, images, video, and other content (“Third Party Content”). You agree that HCI does not guarantee the confidentiality of any Third Party Content.

HCI does not control Third Party Content. While HCI reserves the right to remove any Third Party Content that is in breach of the Code of conduct or applicable law, HCI is not liable for such Third Party Content in any way. 

06. Your content

By posting to the Site or any HCI Linked Site, you grant HCI a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your content in connection with HCI’s activities. You grant HCI the right to use your username and image associated with your content, if they choose. You waive any rights of attribution with respect to your content. You also hereby grant to each Site user a non-exclusive license to access your content through the Site.

You are solely responsible for any content you post. You represent and warrant that:

• You own, or have the rights to, any content you post.

• Your content will not infringe anyone else’s intellectual property rights.

• Your content will not libel anyone else or invade their privacy.

• Your content will not be obscene, harassing, violent, or otherwise offensive.

• Your content will not violate any applicable law or regulation, or the Code of conduct.

07. Membership agreement

To access services provided by HCI to its members, you must accept a separate Membership Agreement and pay any applicable subscription fees.

08. Third-party sites

HCI or users of the Site or Linked Sites may provide links to other third-party sites.  HCI has no control over these sites, and therefore disclaims responsibility for the accuracy and reliability of these sites. Access and use of these sites is at your own risk. 

09. Availability

HCI may make changes to or discontinue the Site or Linked Sites at any time and without notice.

10. Termination

HCI may terminate your access to the Site and/or the Linked Sites, with or without notice, on any breach or threatened breach of these Terms or the Code of conduct.

If you have any complaints regarding the Site or the Linked Sites, please contact us at hello@hudsonincubator.com. Your only remedy for such complaints is to terminate your use of the Site and/or Linked Sites.

11. Indemnification

“HCI Affiliated Parties” are HCI’s directors, employees, contractors, successors, assigns, members, mentors, and advisors. You agree to indemnify, defend and hold the HCI Affiliated Parties harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your breach of these Terms or your use of the Site or Linked Sites.HCI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of HCI. HCI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Disclaimer

To the fullest extent allowed by law, HCI disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from HCI, through the site or the linked sites, will create any warranty not expressly stated herein. Use of the site and the linked sites is at your own risk. You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use of the site or linked sites.

13. Limit on liability

To the fullest extent permitted by law, in no event will the HCI affiliated parties be liable to you or any other party for any lost profits, loss of revenue or business, loss of use, loss of data, or any incidental, consequential, direct, indirect, or special damages arising out of:

• Contract, tort, or warranty claims;

• Any use of the site or the linked sites; or

• Any content on or accessed through the site or the linked sites.

This limit applies whether or a party (including the HCI affiliated parties) had advance notice of the possibility of such damages.

14. Digital millennium copyright act claims

If you are a copyright owner or an agent thereof, and believe that any Third Party Content on the Site or a Linked Site infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information to us in writing at hello@hudsonincubator.com (see 17 U.S.C § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• 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 HCI to locate the material;

• Information reasonably sufficient to permit HCI to contact the complaining party, such as an address, telephone number, and email address;

• A statement that the complaining party has 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 under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15. Miscellaneous

(a) Notices. You agree that all agreements, notices, disclosures and other communications that HCI provides to you electronically satisfy any legal requirement that such communications be in writing. HCI may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the HCI Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after the email is sent, unless HCI is notified that the email address is invalid, and if through postal mail, three days after the date of mailing.

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

(c) Disputes. Any dispute related to these Terms will be settled exclusively by arbitration. This arbitration will be conducted before a panel of three arbitrators in New York, New York, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Nothing in this section will prevent a party from obtaining an injunction.

(d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of HCI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(d) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(e) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HCI without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(f) No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HCI as a result of these Terms or use of the Site or any Linked Site.

(g) Survival. Sections 11, 12, 13, and 15 will survive any termination of these Terms, whether by you or HCI.

(h) Entire Agreement. These Terms, together with the Code of conduct, Privacy policy, and any agreements between you and HCI for other services, are the entire agreement between you and HCI regarding the subject matter hereof. As such, these documents supersede any other communications or course of dealing between you and HCI.