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User Conduct
You agree that
the information you provide to us for posting on our site will be
accurate. You agree that your information posted to our site will not
infringe any third party's copyright, patent, trademark or other proprietary
rights or rights of publicity or privacy, or violate any law or
regulation. You agree that you will not use
our services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized
commercial use of our services, or the resale of our services, is expressly
prohibited. You agree to abide by all applicable local, state, national, and
international laws, regulations, statutes, and ordinances.
You agree not to
upload, post or transmit to or distribute or otherwise publish through our
Site any information and materials: (1) in connection with contests, pyramid
schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or
unsolicited messages (commercial or otherwise), (2) to restrict or inhibit
any other user from using our services, (3) that are unlawful,
inappropriate, threatening, abusive, defamatory, infringing, obscene,
profane, vulgar, offensive, and pornographic, (4) that
constitute or encourage conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate law, (5) that violate, plagiarize
or infringe the rights of third parties including, without limitation,
copyright, trademark, patent, rights of privacy or publicity or any other
proprietary rights, (6) that contain viruses or
any other harmful component or is designed to
interfere with the proper working of the Site, (7) that constitute or contain
false or misleading indication of origin or statements of facts.
Without limiting the foregoing, our services are not
available to minors. If you are a minor (under the age of 18), you are not
eligible to use NewIdeaTrade.com. If you do not qualify, please do not use
our services. In order to use our services, you must agree that you are at
least 18 years old, and that the sign up information you submitted to us is
true, accurate, current, and complete.
You
will also maintain the confidentiality of your password. You
may not disclose or share your password to any third parties or use your
password for any unauthorized purpose.
In order to facilitate interaction
among buyers and sellers, our service allows you to access other members'
contact information. You agree that you will use such information for NewIdeaTrade.com-related
communications that are not unsolicited commercial messages, and any other purpose that such
member agrees to after proper disclosure of the purpose. You agree
that under no circumstances (except as defined in this Section), can you
disclose personally identifiable information about another member to any
third party without our consent and the consent of such member after proper
disclosure. You agree that you will not add a NewIdeaTrade.com
member to your email or physical mailing
list without their consent after adequate disclosure. You agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or copy our
web pages or its content without our prior expressed written permission.
Listing Terms
In addition to all other terms
contained herein, the following
section explains the terms regarding intellectual property listings.
(1) If you are
submitting your listing as an individual person, you warrant and represent
that you are the rightful owner of the intellectual property, that such
ownership is not in dispute, that you control all of the rights to your
submission, and that the information you submit is true and accurate,
(2) if the owner of the intellectual property is a company or organization
other than an individual person, you represent that you are the authorized
representative of the organization, that you have the legal right and
authority to submit and display the information, and that the information
you submit is true and accurate,
(3) if you wish to post a listing on our site, you will submit a summary of
your new idea, invention, patent or other intellectual property,
(4) you may also provide graphics for your listing,
(5) you agree that your submission is intended for public
display on our site,
(6) you agree that you are responsible for the transfer of ownership
of your intellectual property when you are dealing with a buyer and that you
are responsible for compliance with all applicable laws and
regulations and we will not be involved in such transactions,
(7) you may
request us to remove your listing should you have succeeded in making a deal
with a buyer or a seller.
NewIdeaTrade.com reserves the right to decide whether,
where, and how an idea is listed on its site. If NewIdeaTrade.com accepts your
idea for inclusion on its site, NewIdeaTrade.com will consider your
preferences, but reserves the right to list your idea in any category or
subcategory as NewIdeaTrade.com deems appropriate, in its sole discretion.
To accept, review, post, remove or cancel any information and listing
is within the sole discretion of NewIdeaTrade.com and its owners.
NewIdeaTrade.com and its owners do not claim
ownership of the descriptions of new ideas, invention, and intellectual property you submit for posting on
the Site. However, by
submitting your information you are granting NewIdeaTrade.com and its owners
the non-exclusive, worldwide, perpetual, irrevocable, unrestricted,
royalty-free right to publish and publicly display the information you provide to our site, including
the summary of your intellectual property (but not the right to your intellectual property).
You are solely responsible for the content of the information you
provide to us during the membership sign up or listing process. We
are not involved in the actual transaction between buyers and sellers and
therefore, we have no control over the quality, safety or legality of the intellectual property listed on this site, the truth or
accuracy of the listings, the ability of sellers to sell or the ability of
buyers to buy items listed here. You are responsible to verify the accuracy of
such information as part of your negotiations with the buyer or seller.
We do not provide legal or professional advice. You should consult with your
own legal advisor and seek independent professional advice for assistance in the transfer of intellectual
property.
Listing Submission and Processing Fee
To submit your listing, you must pay the required fee. In consideration of your
payment in accordance
with this Agreement, NewIdeaTrade.com agrees that a member of its editorial
staff will process and evaluate your submission, consider it for inclusion on its
site, and respond to you. You must submit a valid credit card number or use
one of other
NewIdeaTrade.com payment methods as part
of the submission process. If you use a credit card, you
agree that your credit card will be charged the current non-refundable
processing fee.
You authorize NewIdeaTrade.com and its credit card processing firm to verify the available credit on your credit card at the
time you make your payment. You authorize NewIdeaTrade.com and its credit card processing firm to charge your
credit card for up to the amount of the processing fee at the time you are
approved to make your payment. You
acknowledge that the payment of this fee is for consideration of your idea and does not in any way guarantee that your idea will be included
on our site or that your listing will result in a sale or license deal with a
buyer or seller.
If your idea is not accepted, you will be offered a refund
of the processing fee. If your idea is accepted and subsequently if you cancel your
listing on NewIdeaTrade.com, you will not be entitled to a refund of any
processing fees. We may change our fee schedule from
time to time. Unless otherwise stated, all fees are quoted in U.S.
Dollars.
Other Processing Fee
If you wish to use our other
fee-based services, you must pay the required fee. You must submit a valid credit card number or use
one of other NewIdeaTrade.com payment methods. If you use a credit card, you agree that your
credit card will be charged the current non-refundable fee. You authorize NewIdeaTrade.com
and its credit card processing firm to verify your available credit on your credit card at the
time you make your payment. You authorize NewIdeaTrade.com
and its credit card processing firm to charge your credit card
for up to the amount of the fee at the time you are approved to make your
payment.
Proprietary Rights to Content
You acknowledge that text, software, music, sound,
photographs, video, graphics or other material contained in either sponsor
advertisements or electronically distributed, commercially produced information
presented to you by our services, its advertisers or other content providers, is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You agree not to modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way content available
through our services and its associated sites, including code and software.
No Agency
You agree that no joint venture, partnership, employment,
franchise or agency relationship exists between you and NewIdeaTrade.com and
its owners as a
result of this agreement or use of the Service.
Participation in
Promotion of Advertisers
Your
dealings with advertisers, sponsors, affiliates or strategic partners on our Service
or Site or participation in promotions,
including the delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with such dealings
or promotions, are solely between you and the advertiser, sponsor, affiliate or
strategic partner or any other third party. NewIdeaTrade.com
and its owners shall not be responsible or liable for any part of any such dealings.
Participation in Other Dealings
Your dealings with any companies,
investors, venture capitalists, individuals, our affiliates or strategic
partners or any other entities, regarding
commercialization of your new ideas, innovation, and intellectual property, and development of products, services or
businesses, payment for rights, royalties, and any other terms and conditions,
associated with such dealings are solely between you and the party you are
dealing with or any other third party associated or not associated with such
dealings. NewIdeaTrade.com and its owners shall not be responsible or liable for any
part of any such dealings. It is your sole responsibility to seek legal advice
and representation prior to engaging in any such dealings.
Linked Sites
The linked sites are not under the
control of NewIdeaTrade.com and its owners. NewIdeaTrade.com and its owners are
not responsible for the
contents of any linked sites, or any links contained within a liked site. NewIdeaTrade.com
and its owners are not responsible for webcasting or other transmission received from any
linked sites. The inclusion of any links within NewIdeaTrade.com site does not
imply endorsement by NewIdeaTrade.com and its owners of the sites or any association with
their operators.
Disclaimers
NewIdeaTrade.com and its owners reserve the right to correct any errors or omissions in
any portion of our site at NewIdeaTrade.com. NewIdeaTrade.com and its owners do not represent or warrant that
our services will be continuous,
uninterrupted, and error-free. We may change any aspect of NewIdeaTrade.com
services at any time.
NewIdeaTrade.com and its owners and operators are not involved in any transaction between you and any other party who uses this
Site, and are not acting as your or any other party's agent.
You
hereby agree to indemnify, defend and hold NewIdeaTrade.com and its
owners, suppliers, service partners, employees, consultants, officers,
and directors harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from your use of this Web Site, your breach
of any provision of these Terms of Use and/or any negligent acts,
omissions or intentional wrongdoing by you.
The posting of information from the users
does not imply endorsement by NewIdeaTrade.com and its owners of the same or any association
with their originators.
NewIdeaTrade.com and its owners and suppliers make no representations
about the suitability, reliability, availability, timeliness, and
accuracy of the services for any purpose. Our services on this site,
including all content, software, functions, materials, and information
are provided "as is" to the fullest extent permissible by law.
NewIdeaTrade.com and its owners and suppliers disclaim all warranties
and conditions with regards to the services, content, software,
functions, materials, and information, including all implied warranties
and conditions of merchantability, fitness for a particular purpose,
title, and non infringement. NewIdeaTrade.com and its owners and
suppliers shall not be liable for any direct, indirect, punitive,
incidental, consequential, special damages or any other damages, arising out of or connected with the use or performance
of the Service or related websites, with the delay or inability to use the
service or related sites, the provision of or failure to provide services, or
for any products, services, information, software, and related graphics
obtained through the Service, or arising out of the use of the Service whether
based on contract, tort, negligence, strict liability or otherwise.
If you
are dissatisfied with any portion of this Service, or with any of the Terms of
Use, your sole and exclusive remedy is to discontinue using the Service and its
related sites. You agree that NewIdeaTrade.com
and its owners are not responsible for postings that violate any law or
standard of conduct or breach any contractual or other legal duty or give
rise to any claim, whether or not meritorious, by any third party against NewIdeaTrade.com
and its owners. NewIdeaTrade.com provides members with a service
which enables members to, among other things, publish and promote ideas, browse
through ideas, request ideas, communicate with other members, and use other
services offered by NewIdeaTrade.com. Any new services or features that
augment or enhance the service or are otherwise provided on NewIdeaTrade.com
shall be subject to the terms of this Agreement.
Changes in Terms of Use
NewIdeaTrade.com and its owners reserve the right to change the
Terms of Use or policies regarding the use of the Services at any time.
An updated version of the
Terms of Use or policies will be posted on this site. Continued use of our
services after any such changes shall constitute your consent to such changes.
Laws of the State of Minnesota
and the United States
The laws of the
State of Minnesota and the United States will govern these Terms of Use. Use of
our services is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions. If for any reason a court
of competent jurisdiction finds any provision of these terms or portion thereof, to be unenforceable, that provision shall be
enforced to maximum extent permissible so as to effect the intent of the
terms and conditions, and the remainder of the terms and conditions shall be enforced. No provision of
these terms and conditions shall be construed against the owners of this web
site but rather shall be construed in a neutral and fair manner as terms
entered into by a fully-informed party on a voluntary basis after
opportunity to confer with advisors and legal counsel about the meaning and
effects thereof.
Arbitration
You agree that any dispute or
claim arising out of or relating to this Agreement or our services shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association in Minneapolis, Minnesota, United States.
Entire Agreement
This
Agreement constitutes the entire agreement between the user and
NewIdeaTrade.com and its owners with respect to our services. A printed
version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. The section titles in the Terms of Use
are solely used for the convenience of the parties and have no legal or
contractual significance.
Notices
Except
as stated otherwise, any notices shall be given by postal mail to
Idea Trade Network, Global Commerce & Communication, Inc.,
1708 Southwood Trail,
Saint Cloud, MN 56301, USA
. In the event that we
need to give you a notice, such notices shall be given to the email address
you provided to NewIdeaTrade.com during the registration process. Notice shall be
deemed given 24 hours after email is sent (unless the sending party is
notified that the email address is invalid). Alternatively, notices may be
given by certified mail, postage prepaid and return receipt requested, to
the address you provided to NewIdeaTrade.com during the registration process. In such case, notice
shall be deemed given three days after the date of mailing.
Copyright
Our
web site NewIdeaTrade.com and its contents are protected by copyright both with respect to individual
content and as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. Any rights not expressly granted herein are reserved. All materials contained in NewIdeaTrade.com are protected by
copyright, and owned or controlled by Global Commerce & Communication,
Inc. or the party credited as the provider of the content. You will abide by
any and all additional copyright notices, information, or restrictions
contained in any content on NewIdeaTrade.com. You may not modify,
publish, create derivative works from, distribute or otherwise exploit any of
the content, software or materials on our Site without the prior written
consent from us or the copyright holder identified in the individual
contents copyright notice. NewIdeaTrade.com
respects the intellectual property of others and expects members of
NewIdeaTrade.com to do the same. At our discretion and in appropriate
circumstances, NewIdeaTrade.com may terminate the accounts of members or
prevent access to NewIdeaTrade.com by members who may not be respecting the
intellectual property rights of others.
Copyright of Graphics
All images contained in NewIdeaTrade.com
are protected by copyright, and owned or controlled by Global Commerce &
Communication, Inc. or the party credited as the provider of the content.
Some images contained in NewIdeaTrade.com have been provided by Microsoft
Design Gallery Live, Gettyimages, and Wonderfile.
Correction or Removal
Should you find any information on this site that you reasonably believe
violates any of your legal rights, please contact us, identifying the
material in question, when you visited our site, what the problem is, and
what you would like us to do. We are not the author or publisher of any material posted by a third party
but simply provide a neutral forum. We are not the publisher or speaker of any information provided by another information content provider within the
meaning of the Communications Decency Act, 47 U.S.C. Section 230. We have not developed or created any information posted by a third party, and no
voluntary deletion or communication with such posting party shall be deemed to be the development or creation of any such information. By accepting our Terms of Use
you consent to the policy of correction or removal by NewIdeaTrade.com as
described above.
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