Terms of Use
It is our purpose to provide a forum to connect people that have specific ideas with those who may be able to use or implement the ideas. We do not protect or advise you how to protect your ideas and inventions. IF YOU PLAN TO SELL, LICENSE OR OTHERWISE EARN MONEY WITH YOUR IDEA OR INVENTION, DO NOT SUBMIT IT TO THIS SITE WITHOUT FIRST OBTAINING PROPER REGISTRATION OR OTHER APPROPRIATE PROTECTION OF THE IDEA OR INVENTION THROUGH LEGAL CHANNELS. PLEASE NOTE THAT BY DISCLOSING AN INVENTION IN A PUBLIC PLACE SUCH AS THIS SITE, YOU WILL AFFECT YOUR RIGHT TO APPLY FOR PATENT PROTECTION. [SEE FAQ (LINK)] AND CONSULT A PATENT ATTORNEY.
1. Your Acceptance
By accessing, browsing, framing, using and/or linking to the ideapalooza.com website (this "Web Site"), you become a User (defined herein in Section 2) and acknowledge that you have read and understand all the terms of this Agreement and that you agree to be legally bound by the terms of this Agreement and all applicable laws and regulations.
Every User must agree to the following:
A. To be bound by (1) the following Terms of Use ("Terms of Use"), and (2) the ideapalooza.com privacy policy, found at [link here] and incorporated here by reference. The privacy policy is sometimes referred to in the Terms of Use as "the Policy". The Terms of Use and the Policy are sometimes referred to in the Terms of Use as "this Agreement".
B. You are either (i) at least 18 years of age, or (ii) an emancipated minor, or (iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and the Agreement, and to abide by and comply with the Agreement. In any circumstance, you must be over the age of 13 years, since use of this Web Site by persons under 13 years of age is strictly prohibited. If you are under 13 years of age, then please do not use this Web Site.
C. That, although we may (in our sole discretion) attempt to notify you when major changes are made to these Terms of Use or this Web Site, we are not obligated to provide individual notification of any change and you should review the most up-to-date version by visiting the Terms of Use link or the Web Site at ideapalooza.com regularly. ideapalooza.com specifically reserves the right to update, modify or revise these Terms of Use and Policy at any time without notice to you, and you agree to be bound by the most current Terms of Use and Policy. Your continued use of the Web Site indicates your acceptance of any changes to this Agreement and/or the Web Site.
If you do not agree with, and to abide by, all the terms and conditions of the Agreement, you do not have our permission to use this Web Site - Immediately exit this Web Site and do not use this Web Site or download Content from this Web Site.
2. Your Account
A. Any person accessing, browsing, or otherwise using the Web Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement. For the purposes of this Agreement, "Content" means the physical, electronic and any other form of manifestation now known or later created of the ideas and related materials on this Web Site, including without limitation, art work, illustrations, graphics, photographs, images, screen shots, text, music, digitally downloadable files, audio clips, video clips, animations, trademarks, logos, product and character names, slogans, the software used in connection with the Web Site, and any compilations of the foregoing.
B. To view content or contribute to ideapalooza.com, each User must join ideapalooza.com by registering to create an account ("Account"). In consideration of your use of the Web Site and your creation of an Account, you agree to use your real name and that the information you provide about yourself is true, accurate, current, and complete, and that you will keep it updated so that it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the Web Site and future access to the Web Site.
C. We do not permit and you agree not to allow or enable (a) any other person to use the registered sections of the Web Site under your name, or (b) access through a single name being made available to multiple users on a network. You will not share or transfer your password or other Account access information with or to any other party, temporarily or permanently. You are entirely responsible for maintaining the confidentiality of your password and Account information. You are entirely responsible for any and all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You can be held liable for losses incurred by us or other parties due to any and all uses of your Account or password. You agree not to use anyone else?s Account at any time without permission of that Account holder.
D. We reserve the right to cancel the Account of members who engage in fraudulent behavior or other unacceptable activities contrary to this Agreement. Cancellation and related topics are more fully discussed in Section 13 of these Terms of Use.
E. We reserve the right to investigate complaints or reported violations of our Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
3. Your Privacy
Our [Privacy Policy] is a part of and is subject to these Terms of Use, and may be viewed at [http://www.ideapalooza.com/privacy]. The [Privacy Policy] sets forth the standards for the way we handle your personal information. By using ideapalooza.com, you consent to our collection, use, and disclosure of the information you give to us in accordance with the [Privacy Policy]. Please read our [Privacy Policy] for more information about our collection and use of your personal information.
4. Our Rights to Submitted Content
ideapalooza.com does not claim or confirm ownership of the content you publish on the Web Site. After publishing content on the Web Site, you (or a third party who expressly permitted you to publish their content on the Web Site) continue to retain all ownership to the content, subject to the license terms described herein, and you continue to have the right to use the content in any way you choose to the extent you of your ownership or underlying license in the content. In consideration for your submissions and granting ideapalooza.com a license to use your content, ideapalooza.com provides you with access to the Web Site and the possibility of locating and developing contact with someone who shares some common interest in your idea.
A. License of Your Content to Us. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) ideapalooza.com a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable (through multiple tiers) right and license to, in whole or in part, with or without attribution to you, use, reproduce, modify, adapt, edit, publish, publicly display, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. Without limiting the generality of the foregoing, the license granted by you expressly grants us the right to reproduce and distribute the materials for ideapalooza.com?s marketing and publicity purposes.
B. Your representations and warranties regarding content: You represent that all statements you assert as fact are factual. You represent that the content you provide to ideapalooza.com (a) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information in or connected to ideapalooza.com, (b) is not obscene or indecent, (c) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) is not defamatory, libelous, unlawfully threatening or harassing; and (e) does not create liability for ideapalooza.com or cause us to lose the services of our Internet service providers or other suppliers.
5. Your Usage of the Web Site
Unless otherwise stated, all Content on this Web Site is protected by intellectual property laws as more fully set forth in Section 9 hereof. The Content is exclusively owned by or licensed to us. Use of this Web Site does not confer any ownership rights in any Content to you.
A. License to Use Content. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms of Use; (2) to use the Content on this Web Site solely for your internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site and Resource Directory solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein. Without our prior written consent, your modification of the Content or use of the Content for any purpose other than personal, non-commercial use, violates the rights, including intellectual property rights, of the owners of the Content including copyrights, trademarks or service marks and other proprietary rights, and is prohibited.
B. Restrictions and Prohibitions on Use. Your license to access and use this Web Site is subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by subsection A, above), republish, display, transmit, distribute, sell, rent, lease, loan, frame or otherwise incorporate into another website, or otherwise make available in any form or by any means, all or any portion of this Web Site or any Content or other materials retrieved therefrom; (2) use this Web Site or its Content for any purpose that (i) violates any applicable local, state, national or international law, including without limitation in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations, or (ii) is prohibited by this Agreement, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material; (3) use any materials from this Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (4) create compilations or derivative works of any materials from this Web Site; (5) use any materials from this Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of ideapalooza.com or any third parties; (6) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in this Web Site; (7) make any portion of this Web Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (8) remove, disable, defeat or change any functionality or appearance of this Web Site; (9) attempt to decipher, decompile, disassemble or reverse engineer any of the software, HTML code or other source code comprising or in any way making up a part of this Web Site or use any network monitoring or discovery software to determine the site architecture; (10) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor, harvest, or copy all or any portion of our Web Site or the Content without our prior written permission; (11) use this Web Site, including without limitation, the Resource Directory, for the purpose of gathering information for or transmitting (a) unsolicited commercial (bulk or otherwise) email; (b) email that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (12) export or re-export this Web Site or any portion thereof, or any software or Content available on or through this Web Site, in violation of the export control laws and regulations of the United States; and (13) take any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.
C. Marketing Tagalong with Successful Facilitation. Our Web Site is about bringing together idea creators with idea users. If you locate a buyer or sponsor of your idea as a result of using ideapalooza.com, you will include at no cost or obligation to us (and revocable by ideapalooza.com in its sole discretion) the tagline "Idea Springboarded by ideapalooza.com" in your marketing and sales materials for any goods or services arising in connection therewith. You will promptly [email] us with a photo, screenshot, etc. showing the content and context of the marketing or sales piece and indicating your User Account number.
D. Policy on Unsolicited Commercial Email. We do not authorize the use of the Web Site for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to Listees or other third parties. Internet email sent to or through our computer systems or to Listees or other third parties, containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through our computer systems is strictly prohibited. Email that is relayed to or through our computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. We prohibit anyone from sending email to or through our computer systems that violates these Terms of Use. We prohibit the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.
E. Termination Due to Violation. If you violate any of the foregoing terms and conditions or any other terms and conditions of the Agreement, your permission to use our Web Site immediately terminates without the necessity of any notice. We may deny access to anyone at out discretion for any reason, including for violation of this Agreement.
F. Disclaimer of Responsibility for Content. You understand and agree that by using the Web Site, you may be exposed to materials that you find offensive, indecent, or objectionable, and that the Content may not be in accordance with the laws of your jurisdiction. You understand and acknowledge ideapalooza.com is not responsible for the information, data, text or other materials that may appear in Content submitted by third parties on the Web Site. Opinions and beliefs expressed in such Content is neither endorsed by nor does it reflect the opinions or beliefs of ideapalooza.com or its affiliates, officers, employees, contractors, subcontractors, suppliers, agents, subsidiaries, successors or assigns. ideapalooza.com is under no obligation to, and does not necessarily, review third-party content prior to posting, and does not endorse or edit such content. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
G. Disclaimer of Responsibility for Linked Sites. This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under our control, and we are not responsible for, and do not endorse, such content, whether or not we are affiliated with such Linked Sites. Except as expressly provided in Section 6 of these Terms of Use, you may not establish a hyperlink to this Web Site, and without our prior express written consent you may not provide any links that state or imply any sponsorship or endorsement of your web site by us, our Users or Listees.
6. Web Site and Content Linking and Marketing.
Although using automated robots, spiders, or "pay to surf" techniques to increase traffic to ideapalooza.com and your ideas is strictly prohibited, we do actively encourage our Users to link to ideapalooza.com and your ideas directly from your blog, discussion forums, groups, chat rooms, and other websites. After all, more links to ideapalooza.com result in more exposure for your ideas and our Content. Since we must balance our desire for growth with our objective to maintain the quality of the Web Site, the following requirements apply to all linking of the Web Site:
A. Unless you are a User and have a written agreement signed by, and currently in effect with, ideapalooza.com that states otherwise, you may provide links only to the homepage of this Web Site (the link must "point" to the URL http://www.ideapalooza.com) or to the URL identifying a single idea submitted by you, and not to other or multiple pages within the Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Web Site, (b) the link must be a text-only link clearly marked "ideapalooza", "ideapalooza.com", or "www.ideapalooza.com"; (c) the appearance, position and other aspects of the link must not damage or dilute the goodwill associated with the Idealpalooza.com name and trademarks or create the false appearance that ideapalooza.com is associated with, or a sponsor of, the linking web site, (d) you give us advance notice of such link by sending an e-mail to assistance@ideapalooza.com , and (e) you discontinue providing links to this Web Site immediately upon request by us. If you wish to provide links to a section within this Web Site, you should forward your request to us at assistance@ideapalooza.com.
B. By providing this consent, ideapalooza.com is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Web Site. ideapalooza.com reserves the right to revoke its consent to any link at any time in its sole discretion.
7. Content submission requirements and terms
The following list outlines the rules for content submissions on this Web Site. Please follow these rules; if you don?t, we may cancel your Account.
A. Right to content. You must have all necessary rights to publish the content you provide to the Web Site. You represent and warrant that the ideas and other works you submit are works of your own original creation. If the content is not a work of your own original creation (for example if you are submitting work as an agent or if your work contains third-party materials), you must have explicit written permission from the copyright owner before submitting the content to ideapalooza.com. You are responsible for making sure your submission of the content, and the use as outlined herein by ideapalooza.com, does not violate any copyright, trademark, trade secret or other rights or the privacy of others, including the right to transmit the content you provide to the ideapalooza.com site and for ideapalooza.com to publicly display such content.
B. Compliance with the law. In submitting ideas and other Content on this Web Site, you agree to comply with all laws, statutes and regulations of your jurisdiction, all contracts to which you are a party, and all fiduciary obligations you may have (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
C. Use and Review of your Content. You accept that ideapalooza.com and any other User of the Web Site can review and use the Content you provide in accordance with these terms, including the terms of the Web Site Usage Requirements above.
D. Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. We may delete your Posting or terminate your Account at any time for any reason without permission from you. Users shall not misrepresent their identity or their affiliation with any person or entity.
E. Your promotion of the Web Site and ideapalooza.com?s name. You may not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by ideapalooza.com without the prior review and written approval of ideapalooza.com; however, you may accurately disclose and describe your participation in this Web Site and content you submit (for example, describing and promoting your content on this site on a personal blog, in emails, in newsgroups and forums, or via RSS feeds and similar technologies).
F. Non-spamming policy. You may not encourage the sending of "junk mail," "spam," "chain letters," "pyramid schemes" etc., either within the content you post, on the Web Site or otherwise.
G. No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without our express prior written permission. In interactive forums made available through this Web Site, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Listees through this Web Site or with data retrieved from this Web Site.
H. No Disguised Indentifiers. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Web Site or any service offered on or through the Web Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
I. ideapalooza.com?s Disclaimer of Obligation to Police for Legal Infringements/Waiver of Certain Liabilities. ideapalooza.com will make commercially reasonable efforts to provide security for its Web Site, but will have no liability, vicarious, contributory, or otherwise, for any infringement of any of your intellectual property rights. You acknowledge that we do not control other Users? actions, including but not limited to their use of your Content. We will have no liability to you for any User?s violation of these terms and no responsibility to you to enforce this Agreement for your benefit. You further understand and agree that ideapalooza.com is not responsible for unauthorized access to or alternation of your transmissions or data, any material or data sent or received or not sent or received by you or ideapalooza.com.
8. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY ideapalooza.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DAMAGES, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM: (a) materials that you submit, post, or upload to the Web Site, (b) your use or misuse of this Web Site or the services OR CONTENT therein, (c) your connection to the Web Site, (d) your violation of this Agreement, (e) your violation of any rights of another party, including without limitation, intellectual property rights, or (f) violations of this Agreement or the rights of another party, including without limitation, intellectual property rights, by your dependents or others using your Account, password or user identifier. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
9. ideapalooza.com Intellectual Property and Proprietary Rights
A. Intellectual Property Protection. You acknowledge and agree that the Content available on the Web Site contains proprietary and confidential information that is the property of ideapalooza.com and its licensors, and is governed and protected by applicable U.S. and international intellectual property (including without limitation, copyright) laws and treaties, privacy and publicity laws, and other laws. Third-party content, including Web Site user-posted content (including without limitation, graphics, audio and video clips, images, text and characters), trademarks and copyrights, is the property of the third parties that created, market or license that Content, and is used by ideapalooza.com subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or such use is made permissible under other applicable law.
B. Limitations on Use. Unless expressly authorized in this Agreement or otherwise by ideapalooza.com, you agree not to download, display, use, modify, rent, lease, loan, sell, distribute or create derivative works of the ideapalooza.com content in whole or in part, in any publications, in public performances, on websites other than this site, for any commercial purpose, in connection with products or services that are not those of ideapalooza.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ideapalooza.com and/or its licensors, that dilutes the strength of ideapalooza.com?s or its licensor?s property, or that otherwise infringes ideapalooza.com?s or its licensor?s intellectual property rights. You further agree to in no other way misuse any content which you do not own that appears on this Web Site.
C. Ownership of Rights. Except for the limited license contained in Section 5 above, nothing in these Terms of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all trade dress, copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its Content belong to ideapalooza.com, its licensors or Listees, as applicable, and this Web Site may not be copied or imitated in whole or in part.
D. COPYRIGHT NOTICE. Materials available in this Web site are protected by copyright law. Copyright ? 2008 ideapalooza.com, LLC. All rights reserved.
E. TRADEMARK NOTICE. The following trademarks are exclusively owned by ideapalooza.com, LLC:
ideapalooza™
ideapalooza.COM™
Violation of any of the foregoing terms is strictly prohibited and may result in the immediate termination or suspension of the services you receive from, and your Account on, ideapalooza.com. You will remain solely liable and responsible for your use of the services, your Account, and any and all Content that you display, upload, download or transmit using this Web Site.
10. Applicable law
This Agreement SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF South Carolina, USA, without application of its principles of conflicts of laws and exclusive of matters relating to copyrights, trademarks and patents and arising under U.S. federal law. By using this Web Site you hereby agree that any and all disputes regarding or arising out of or in connection with this Agreement will be subject to, and you hereby irrevocably consent and waive all objection to, personal jurisdiction and the exclusive venue in the federal and state courts sitting in Charleston, South Carolina, USA, and you shall not commence or prosecute any suit or action except in the foregoing courts. This Agreement operates to the fullest extent permissible by law.
THIS AGREEMENT IS WRITTEN IN ENGLISH, WHICH YOU HEREBY AGREE IS THE LANGUAGE OF THE aGREEMENT?S TEXT AND INTERPRETATION.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
11. International Use
Regulations may differ from country to country. We do not represent that all content, materials and services on this Web Site are appropriate or legally available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You are solely responsible for complying with all local laws regarding online conduct and acceptable content. You agree that you will not access the foregoing where prohibited by law.
Software or Content that may be available in connection with this Web Site may be further subject to United States export controls. No software or Content may be downloaded from this Web Site or otherwise exported or re-exported in violation of United States export laws. Downloading or using any software or Content is at your sole and full risk.
You understand and agree that by submitting your information to this Web Site, you are transferring your information from your country and submitting it to ideapalooza.com?s servers in the United States.
12. Refusal to Post / Removal of Content
ideapalooza.com retains the right, in its sole discretion, to refuse to post or to remove any material submitted or posted on the Web Site for any reason, including if we believe it is in violation of this Agreement. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove (in our sole discretion) obscene, offensive, or otherwise objectionable material posted to this Web Site.
13. Modification or cancellation of your account
In the event that ideapalooza.com cancels your Account or your access to this Web Site because of fraudulent or other unacceptable activities (as defined by ideapalooza.com) contrary to this Agreement (including but not limited to registration with multiple accounts, posting copyright violations, attempted manipulation of the ideapalooza.com rating system, generation of artificial traffic, or other violations of this Agreement, the law, or the legal rights of a third party), you agree that the license granted herein to Content submitted by you shall not terminate, and you further agree that the cancellation will not affect your remaining responsibilities to ideapalooza.com according to this Agreement but you forfeit all rights you may have to your Account and to any then accrued or future earnings from the Web Site or by ideapalooza.com [including without limitation] with respect to any material you previously submitted. If we cancel your Account, you may not open a new one under your own or an alternate name/email address. If ideapalooza.com cancels your Account, and you feel this was done in error, please contact us at help[at]ideapalooza.com (replace [at] with @).
14. Disclaimer of Warranties/Limitation of Liability
Content on the Web Site may be out of date, and Ideapalooza.com makes no commitment to update any materials on the Web Site. We reserve the right to delete, modify or supplement the Content of this Web Site at any time for any reason without notification to anyone. We also makes no representations regarding the amount of time that any Content will be preserved.
Third-party content may appear on this Web Site or may be accessible via hyperlink from this Web Site to sites not maintained by or related to Ideapalooza.com. Hyperlinks are provided as a service to Users and are not sponsored by or affiliated with this Web Site or Ideapalooza.com, and Ideapalooza.com makes no representations or warranties about the content, completeness, or accuracy of any third-party sites. Information you submit at a third-party site accessible from this Web Site is subject to the terms of that site’s privacy policy, and Ideapalooza.com has no control over how your information is collected, used, or otherwise handled. Ideapalooza.com shall not be responsible for and assumes no liability for any mistakes, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Web Site or in any third party website. You acknowledge that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the opinions or beliefs of Ideapalooza.com or its affiliates, officers, employees, contractors, subcontractors, suppliers, agents, subsidiaries, successors or assigns.
We make no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of this Web Site, its Content (whether Ideapalooza.com or user-submitted content), or its features, or of any website linked or referenced from this Web Site, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and Ideapalooza.com makes no warranties regarding any transactions entered into through or in connection with the Web Site or any third party website.
In no event shall Ideapalooza.com be liable for any damages, whether in contract or tort or otherwise, including, but not limited to, direct, indirect, incidental, special, punitive, exemplary or consequential (including without limitation loss of profits), or cost of cover, arising out of compliance or reasonable attempts to: (i) comply with the United States Copyright Act, or (ii) satisfy requirements to qualify for the safe harbors designated in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”) including, but not limited to any actions by us that result in a disruption or suspension of your Account unless the actions or inactions of Ideapalooza.com do not comply with the DMCA.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES OR CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU UNDERSTAND AND EXPRESSLY AGREE FOR YOURSELF, YOUR REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS, THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, SHALL IDEAPALOOZA.COM OR ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING IN ANY WAY WITH THIS AGREEMENT, THIS WEB SITE, OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE ON THIS WEB SITE OR ANY WEB SITE REFERENCED OR LINKED FROM THIS WEB SITE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE BASIS, OR UNDER CIVIL LAW, COMMON LAW, OR OTHERWISE.
THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, COST OF COVER, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCLUDING WITHOUT LIMITATION, YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY CONTENT THAT HAS BEEN POSTED TO THE WEB SITE, INCLUDING STATEMENTS OR CONTENT OF ANY THIRD PARTY, AND ANY DAMAGE TO YOUR INFORMATION MANAGEMENT SYSTEMS, COMPUTERS, OR NETWORKS.
YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Claims of Copyright Infringement
A. Copyright Claims Policy. ideapalooza.com respects the intellectual property rights of others and is committed to complying with U.S. trademark and copyright laws, including the DMCA. The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet. When we receive proper Notification of Alleged Copyright Infringement as described in our [Copyright Claims Policy], ideapalooza.com may, in appropriate circumstances and at its discretion, remove or disable access to the allegedly infringing material, or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web Site infringes on any copyright which you own or control, or that any link on this Web Site directs you to another web site that contains material that infringes on any copyright which you own or control, you should promptly file a written notification of such infringement with our Designated Agent. Please see our [Copyright Claims Policy] for more information on how to report infringement of your copyright, or if you believe your material has been mistakenly removed or disabled. [place link to page within bracketed words].
B. Repeat Infringers. In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. Integration; Severability; No Partnership
This Agreement incorporates by reference any notices, disclaimers and other agreements contained on this Web Site and constitutes the entire agreement with respect to your access to and use of this Web Site, and supersedes all prior or contemporaneous communications and proposals whether electronic, oral, or written, between you and ideapalooza.com with respect to this Web Site and any services or content provided therein. We may modify all or any portion of this Agreement at any time by posting revisions to the applicable provisions on our Web Site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Agreement.
Any provision of this Agreement which is determined by a court of competent jurisdiction to be unlawful, void or unenforceable in any jurisdiction shall be severable from this Agreement in that jurisdiction without in any way invalidating the remaining provisions of this Agreement. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Both you and ideapalooza.com acknowledge and agree that no partnership is intended, and no partnership is formed by this Agreement, and neither you nor ideapalooza.com has the power or the authority to obligate or bind the other.
17. Waiver
The failure of ideapalooza.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
18. Force Majeure
The failure of ideapalooza.com to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of ideapalooza.com, shall not be deemed a breach of this Agreement.
19. Headings
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.
This Agreement constitutes a binding agreement between you and ideapalooza.com, and is accepted by you upon your use of the Web Site. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you have reviewed this Agreement and agree to be bound by each and every one of its terms.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
