Ideasforus.org, and any programs, tools, services, materials, or information available through the website or used in connection therewith (“Website”) are owned and operated by IDEAS For Us, Inc., in accordance with this Terms of Service agreement (“Agreement”). This Agreement is a binding contract between you (“Authorized User,” “you,” and/or “your”) and us (“IDEAS For Us,” “we,” “us,” and/or “our”). Before accessing or using any part of the Website, please read this Agreement carefully. IDEAS For Us is willing to license and allow the use of our Website only on the condition that you accept and agree to all of the terms and conditions contained in this Agreement.
a) This Agreement governs your use of our Website; by using our Website you accept this Agreement in full. By clicking “I Accept” at the end of this Agreement, or by using or accessing the Website, including but not limited to accessing a webpage or registering for membership, you acknowledge that you have read this Agreement, that you understand it in its entirety, and that you agree to be legally bound by it. If you disagree with any part of this Agreement then you must not access or otherwise use any part of the Website.
2) Intellectual Property Rights
a) The Website is Copyright © 2016 IDEAS For Us. IDEAS For Us owns and controls all of the copyright and other intellectual property rights in and to our Website. Subject to the terms of this Agreement, all of the copyright and other intellectual property rights in our Website are reserved.
b) Pursuant to this Agreement, IDEAS For Us owns a copyright in the contents of the Website, and in the selection, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Website and all copyrights, trade secrets, and knowledge related thereto, unless otherwise indicated, are owned by IDEAS For Us. The Website, the IDEAS For Us logo, and all other names, logos, and icons identifying IDEAS For Us and its programs, products, and services are proprietary trademarks of IDEAS For Us, and any use of such marks, including, without limitation, as domain names, without the express written permission of IDEAS For Us, is strictly prohibited.
c) You expressly acknowledge and agree that IDEAS For us transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by IDEAS For Us and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, IDEAS For Us does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.
d) Content provided by you, including information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials that you post, upload, or store in connection with the Website, is NOT owned or controlled by IDEAS For Us. Content provided by Authorized Users is expressly excluded from content provided by IDEAS For Us in connection with the Website. You are legally responsible for anything you post, upload, or store in connection with the Website.
3) License to Use Website
a) The Website is provided by IDEAS For Us, and this Agreement grants you a limited, revocable, non-exclusive, non-transferable license to use the Website and any programs, services, materials, or information available on or through the Website, on the condition that you fully comply with the terms of this Agreement.
b) You may access and use the Website on a laptop, computer, workstation, or mobile device through the internet or from an on-line network. You may download and print information from the Website, provided that all hard copy materials and information from the Website contain all applicable copyright and other notices from those materials and information.
c) The license granted by this Agreement is limited. You may not use, copy, store, reproduce, transmit, display, rent, sell, lease, modify, license, or commercially exploit any data provided by IDEAS For Us through the Website in any manner not expressly permitted by this Agreement. Also, you may not modify, translate, copy, distribute, publish, remove, transfer, exploit, or otherwise use in a manner not expressly permitted herein the Website. Furthermore, you MUST NOT: use any automatic device to reproduce, copy, or monitor the Website, or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain information or materials not purposely made available through the Website; attempt to gain unauthorized access to any portion or feature of the Website, including the accounts of another Authorized User(s), or any other systems or networks connected to the Website, by hacking, “data mining,” or any other prohibited, illegitimate means; probe, scan, or test the Website, nor breach its security or authorization measures; reverse look-up, trace, or seek to trace any information of an Authorized User; take any action which places an unreasonable or disproportionately large load on the Website or connected systems; use any device or method to interfere with the proper working of the Website; forge headers, or disguise your identity or the origin of a message or transmittal on or through the Website; use the Website to harvest or collect email addresses or other contact information; market, co-brand, private label, resell, separately distribute, or otherwise permit third parties to use and access the Website without IDEAS For Us’ express, prior written permission; or use the Website in an unlawful manner, or in a way which could damage, disparage, or otherwise negatively impact IDEAS For Us.
d) Access to certain areas of the Website is restricted. IDEAS For Us reserves the right to restrict access to parts or features of the Website, or the entire Website, at our discretion.
e) If IDEAS For Us provides you with a user ID and password to enable you to access restricted areas of the Website, you must ensure that the user ID and password are kept confidential. Only one Authorized User can use one user ID and password, and, thus, one account. IDEAS For Us may disable your user ID and password in our sole discretion at any time without notice.
f) A fee is required to access and use certain parts and features of the Website. Furthermore, the use of certain features may be restricted based on the type of membership an Authorized User has obtained. Pursuant to this Agreement, you may only access and use parts of the Website for which you have paid the required fee and obtained the required membership. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution.
4) Rules for Using Website
a) If you are under 18 years of age you must have a legal guardian agree to these terms on your behalf. If you do not meet this requirements you are not authorized to use the Website.
b) By accessing or using the Website to view information and materials or submit information you represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including when you are providing information for registration. If you provide false, inaccurate, or incomplete information, IDEAS For Us reserves the right to immediately terminate your access to and use of the Website.
c) You agree to abide by all applicable local, state, federal, and international laws with respect to your use of the Website. You acknowledge and agree that your use of the Website is in compliance with United States and other applicable country export control and trade sanctions laws, rules, and regulations. You are solely response for complying with export control laws, and you will not export the Website without complying with such laws.
d) You agree that you will not use or distribute any personally identifiable information, which you receive or which is made available by the Website, in a manner not permitted by this Agreement.
e) YOU WILL NOT POST or transmit, nor post or transmit links for, any of the following materials on any forum or interactive area of the Website:
A) Anything that interferes with or disrupts the Website or the operation thereof;
B) Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others;
C) Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
D) Statements or material that violates other contractual or fiduciary rights, duties, or agreements;
E) Statements or material that is bigoted, hateful, or racially offensive;
F) Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
G) Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
H) Statements or material that harms minors;
I) Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of IDEAS For Us;
J) Statements or material that misrepresents your affiliation with any entity and/or IDEAS For Us;
K) Anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personally identifiable information of another individual;
L) Chain letters or pyramid schemes;
M) Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
O) Statements or material that are “off-topic” for a designated forum; or
P) Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.
f) By posting information or material on the Website, you agree to grant to IDEAS For Us a non‐exclusive, irrevocable right and license to copy, distribute, display, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Website’s service obligations, in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide IDEAS For Us with reasonable proof thereof (if requested)) required for IDEAS For Us to use such content or information in connection with the Website.
g) You represent that you have all necessary rights to post information or materials on the Website, and you also acknowledge that such information and materials are not confidential for all purposes and that IDEAS For Us has no control over the extent to which any information or materials may be used by any party or person once it’s posted or displayed. Furthermore, it is understood that by merely permitting your information, content, and materials to appear on the Website, IDEAS For us has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a post.
h) IDEAS For Us reserves the right to delete, in its sole discretion, posts or parts of posts that we deem, in good faith, violate the terms of this Agreement. However, IDEAS For Us is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s posted information and materials, and encourages all of its Authorized Users to use reasonable discretion and caution when posting. IDEAS For Us does not endorse or oppose any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User.
5) Term and Termination
a) This Agreement, and your right to use the Website, will take effect at the moment you click “I Accept,” or you access or use the Website, including but not limited to accessing a webpage or registering for membership, and are effective until terminated as set forth below.
b) This Agreement will automatically terminate if you click “I Reject,” or otherwise fail to agree to any term or condition of this Agreement. This Agreement will automatically terminate if you fail to comply with any term or condition of this Agreement. Also, IDEAS For Us reserves the right at any time and on reasonable grounds, including, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Website or to any portion thereof in order to protect our name and goodwill, our mission, and/or other Authorized Users. Authorized Users may also terminate this Agreement at any time, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Website in your possession. Upon termination of this Agreement, for any reason, the provisions concerning intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, law and jurisdiction, and miscellaneous terms will survive termination.
6) Disclaimer of Warranties
a) THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. IDEAS FOR US IS ALSO NOT RESPONSIBLE FOR ANY POSTS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE WEBSITE. MOREOVER, IDEAS FOR US MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE. IDEAS FOR US MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. IDEAS FOR US ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE IDEAS FOR US WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
b) IDEAS For Us does not warrant or represent that the information on the Website is complete, true, or accurate.
c) IDEAS For Us does not warrant that the Website or any of its parts will be constantly available. IDEAS For Us reserves the right to discontinue all or any part of the Website at any time without prior notice or liability.
d) IDEAS For Us is not responsible for the security of any information transmitted to or from the Website.
e) We may provide links to other websites on the internet, and IDEAS For Us expressly disclaims any responsibility for the content, materials, the accuracy of the information, or the quality of the products or services provided by, or available through, third-party websites.
f) IDEAS For Us may post the advertisements of third parties on the Website, or feature materials, programs, products, and services provided by third parties, including, without limitation, IDEAS For Us’ members. IDEAS For Us expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and you agree IDEAS For Us shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
7) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDEAS FOR US BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS AVAILABLE THROUGH THE WEBSITE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF IDEAS FOR US, EVEN IF IDEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless IDEAS For Us and all of its employees, agents, directors, officers, attorneys, successors, and assigns from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, or your access to, use, or misuse of the Website or its content. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests in assisting us.
9) Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of Florida, without giving effect to its conflict of law provisions or your actual state or country of residence. Any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in Orange County, Florida, and you hereby consent to the jurisdiction of such courts. You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to IDEAS For Us, such injury would not be quantifiable in monetary damages, and IDEAS For Us would not have an adequate remedy at law. You therefore agree that IDEAS For Us shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
a) If any term, provision, covenant, or condition of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such term, provision, covenant, or condition as applied to other persons, places, and circumstances shall remain in full force and effect.
b) The failure to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
c) You will not assign or transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
e) Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to IDEAS For Us’ Copyright Agent by email at [email protected], or by phone at 772-486-8280.