PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE

The website poweredbyinclusion.org and/or any related mobile sites and applications (the “Site”) is owned and operated by Powered by Inclusion, Inc. (“Powered by Inclusion”).  These terms of use (the “Terms of Use”) apply to your use of this Site and any purchase or use of any products available through this Site. Additionally, your use of this Site is governed by our Privacy Policy, which is incorporated herein by reference.

By using the Site, you signify your acceptance of these Terms of Use and the Privacy Policy. If you do not agree to all of these Terms of Use and the Privacy Policy, do not use this Site. We may amend, update or change these Terms of Use at any time. If a revision, in our sole discretion, is material, Powered by Inclusion will notify you by an e-mail sent to the address specified in your account and/or by placing a prominent notice on the Site once the change has become effective.

USER REQUIREMENTS

You represent that you are (1) at least 18 years of age and (2) can form a binding contract. Individuals under the age of 18 can use this Site only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible

ACCESS TO SITE

You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Powered by Inclusion may undertake from time to time; or (iii) causes beyond the control of Powered by Inclusion or which are not reasonably foreseeable by Powered by Inclusion.

INTELLECTUAL PROPERTY

Ownership. Except for user-generated content, the content on this Site, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, content and other written and visual materials (“Content”) is protected by copyright under both United States and foreign laws. “Powered by Inclusion”, all Powered by Inclusion logos, and all sub brands, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress (“Trademarks”) of Powered by Inclusion or otherwise proprietary to Powered by Inclusion and may not be used by you for any reason other than as expressly permitted. Title to the Content and Trademarks remains with Powered by Inclusion. Any use of the Content or Trademarks not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without the prior written permission of Powered by Inclusion or its licensors.

Limited License. Powered by Inclusion authorizes you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use, so long as you include the following copyright notice: “© 2021 Powered by Inclusion, Inc” and retain other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Content on any other website, platform or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Linking To Site. If you would like to link to the Site, you must comply with the following guidelines: (i) you must credit the site using the plain text name PunkinFutz.com or Powered by Inclusion; (ii) you may not use any of Powered by Inclusion logos, designs, or slogans in or with your links; (iii) you may not incorporate any Content from the Site into your site (e.g., by in-lining, framing or creating other browser or border environments around Content); (iv) your site must not present false information about Powered by Inclusion products or services; (v) you may not present the link to the Site in any way suggests that Powered by Inclusion has any relationship or affiliation with your site or endorses your site, products or services; (vi) you may not use any of Trademarks in any “meta tag” or other information used by search engines or other information location tools to identify and select sites; (vii) your site should not contain content that could be construed as distasteful, offensive or controversial.

USER SUBMISSIONS

Privacy. The Powered by Inclusion Privacy Policy governs the personal information you submit to Powered by Inclusion. If there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Ownership. Except as provided under Submission of Ideas (below), Powered by Inclusion does not claim ownership of any information or material a user provides to Powered by Inclusion or posts, uploads, input, submits, or transmits to this Site (“Submission”).

Prohibited Submissions. You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (i) make any Submission that is an advertisement or solicitation of business; (ii) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (iii) post a chain letter or pyramid scheme; impersonate another person; (iv) distribute viruses or other harmful computer code; (v) harvest or otherwise collects information about others, including email addresses, without their consent; (vi) post the same note more than once or “spamming”; or (vii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Powered by Inclusion, exposes Powered by Inclusion or any of its licensors, partners, or customers to any liability or detriment of any type.

License to Powered by Inclusion. By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Powered by Inclusion. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— Powered by Inclusion a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Powered by Inclusion is not required to use any Submission.

Responsibility for Submission. You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Powered by Inclusion is not responsible for the consequences of any Submission. Powered by Inclusion is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Powered by Inclusion may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Powered by Inclusion will have no liability or responsibility to users for performance or nonperformance of such activities.

Powered by Inclusion Rights. Powered by Inclusion reserves the right (but is not obligated) to: (i) record the dialogue on the Site; (ii) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (iii) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (iv) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (v) monitor, edit, or disclose any Submission; (vi) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

SUBMISSION OF IDEAS

Powered by Inclusion policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Powered by Inclusion through this Site or otherwise shall be the property of Powered by Inclusion, and may be treated by Powered by Inclusion as non-confidential information. Powered by Inclusion shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Powered by Inclusion (address identified below) and providing the following information:

a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
c. Your name, address, telephone number, and (if available) email address.
d. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this Site is as follows:

Powered by Inclusion
53 Bridge Street - Suite 606
Brooklyn, NY 11201
Attn: Copyright Agent c/o Legal Department
Phone: 347-577-9977

In an effort to protect the rights of copyright owners, Powered by Inclusion maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

LINKS TO THIRD PARTY SITES

The Site may contain links to other websites or resources that are operated by third parties not affiliated with the Powered by Inclusion. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources.

INDEMNITY

You agree to defend, indemnify, and hold Powered by Inclusion Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from: (i) your violation of these Terms of Use; (ii) any Submission you make to the Site; or (iii) fraud you commit, or your intentional misconduct or gross negligence.

SURVIVAL

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Powered by Inclusion and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

APPLICABLE LAW

These Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Powered by Inclusion or relating in any way to your use of the Powered by Inclusion site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Powered by Inclusion Parties.

GENERAL

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

ENTIRE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Powered by Inclusion on this Site, these Terms of Use and the Privacy Policy, constitute the entire agreement between you and Powered by Inclusion with respect to the use of the Site and Content.

ASSIGNMENT

Powered by Inclusion may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations under these Terms of Use. Any purported assignment of these Terms of Use is void.