Terms of use

last update: July, 2016

1. Acceptance of Terms of Use

Ideacoil LLC ("We", "Us" or Ideacoil) owns and operates the ideacoil.com website and any other versions that Ideacoil may have now or in the future that reference these Terms of Use (collectively the "Website" or "Site"). By using the Site you agree to be bound by the terms of use stated below, our Privacy Statement found at https://ideacoil.com/privacy-policy, and any rules, conditions, and notices incorporated by reference (collectively the "Terms of Use"). When using particular services or materials on this Site, users shall be subject to any posted rules and guidelines applicable to such services or materials in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. The term "using" also includes any person or entity that accesses or uses the Site, or any program or service associated with the Site, with crawlers, robots, data mining or extraction tools or any other functionality.

Users of this Site agree that they are 16 years of age or older.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of May 22, 2015. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

2. Description of the Site and User Content

The Ideacoil Site provides an online service for you, the user, to share and post idea and project questionnaires for the purpose of gaining feedback and developing ideas. In addition to text-based content, this Site contains personally owned works such as photos, videos, audio recordings, designs and written works. You understand and agree that all content, comments, or feedback that you choose to post, share, display, or otherwise make publically or privately available on the Site, including any content which may be patented, contain sensitive information, or copyrighted intellectual property work (collectively "User Content") is done so voluntarily. The Site is a public platform that grants other Users the right to view your information publicly. If you do not wish to publicize or share parts of or whole idea questionnaires or responses, your idea questionnaires or responses should NOT be posted on the Site. You understand and agree that Ideacoil shall not be held liable for any User Content posted by yourself or others.

By accessing or using the Site, you further agree that selecting to post PRIVATELY, with or without an NDA (NON-DISCLOSURE AGREEMENT) does NOT guarantee that your idea will be kept confidential by other members or users on the Site. If an idea is shared, Ideacoil shall not be held responsible for any legal or monetary damages resulting from disputes between the person or entity who posted the idea questionnaire and the receiving party (invited or non-invited Guests or Users) user(s) who responded to the posted idea questionnaire.

You agree that your posted idea questionnaire, which may include response submissions are unsolicited and without restriction; your disclosure will not place Ideacoil under any fiduciary or other obligation; and we are free to use, disclose without additional compensation to you. By acceptance of your submission, Ideacoil does not waive any rights to use similar or related content previously known to Ideacoil, developed by its employees, or obtained from sources other than you of any state, country, territory or other jurisdiction.

You grant us a non-exclusive right to evaluate all posted content, idea questionnaires, critiques, evaluations, and gather statistical information on users and content posted for the purposes of operating our business and maintaining our services for the enjoyment of you and everyone else on the Site.

Ideacoil reserves the right to either modify or discontinue the Site, including any of the Site's features, at any time and without notice.

3. International Users

You agree that your posted idea questionnaire, which may include response submissions are unsolicited and without restriction; your disclosure will not place Ideacoil under any fiduciary or other obligation; and we are free to use, disclose without additional compensation to you. By acceptance of your submission, Ideacoil does not waive any rights to use similar or related content previously known to Ideacoil, developed by its employees, or obtained from sources other than you of any state, country, territory or other jurisdiction.

4. User Account and Site Integrity

4.1 All Users that choose to register for an account on the Site, are required to enter a custom Username at the time of registration, which cannot be changed once a new account has been created. You may not open, use, or maintain more than one (1) membership account (at any one time), forge or mask your true identity; intentionally or willfully submit falsified data or commit any other fraudulent act(s). You may choose to use Facebook or another related online service to create your account, you accept and understand that ideacoil cannot shall be held responsible for any issues or disputes related to arising from you Facebook account or your Facebook account's integration with our registration process or Site. You also give us permission to collect and make use of any information shared by you as a result of your registering for an account on our Site using your Facebook account.

4.2 Users may not upload, insert, program, configure or install any malicious code, tool, software or time-sensitive electronic media onto the Site either directly or indirectly from another website. Users may not cause damage, obstruct or interfere with the normal operations of the Site or host server. Users may also not secretly intercept, confiscate or extract any system information, data, personal information, user profile information, financial records, user payment accounts, associated files, database files or coding that are stored in the ideacoil Site folders, directories or server. Users may not take any action that imposes an unreasonable or excessively large capacity or "data load" on the website's server, file storage infrastructure or database. Ideacoil reserves the right to pursue any User that is found conducting the above mentioned activities to the full extent of the law.

5. Site Usage

5.1 All and any posted content on the Website is maintained on an "as is" basis, and may contain technical inaccuracies or typographical errors. Any posted content or information on the Site may be changed or updated without notification sent to the user who posted such content. Content posted by any user is based upon the assumption that all submitted content a user provides including personal content is original, valid, and accurate. Ideacoil does not verify or endorse the accuracy, veracity, or legality of User Content and shall not be held liable for any User Content.

5.2 Each User shall solely be responsible for any and all User Content that is posted and the consequences of submitting, sharing and distributing content on the Site. By using the Site, you understand and agree that all ideas, projects and content are owned by you, and ideacoil will not pre-screen your idea for validity, "truthfulness" or accuracy of approved responses received by other Users. In addition, by allowing other users to respond to your idea questionnaires or provide feedback, you understand and agree that responses are opinion-based, and reflect only a personal viewpoint of another user. Ideacoil shall not be held accountable for any response to a question that may be found to be undesirable, misleading or otherwise deemed inappropriate by the person who posted the idea.

5.3 Responses may only include information relevant to the question, rating, survey, or general subject matter. All feedback and reviews submitted by Users may be subject to review in order to ensure that Responders follow the general guidelines per the Idea Poster's instructions. Ideacoil retains the right to accept or reject any response at any time for any reason. If your response is rejected, a second opportunity to respond is not available. Ideacoil does not provide any reason or statement that explains why a response is rejected.

5.4 Users may post artwork, images, photos, logos, designs, videos or sound or audio files that is in compliance with the Terms of Use and all applicable laws. You may not post content unless you own the intellectual property rights to such content or have express permission from the owner of such content.

5.5 We reserve the right to change or adjust posting and idea/project criteria, fees, existing registration forms, User information, or any other aspects of the site, at any time and without notice.

5.6 You agree NOT to take any action to harm or interfere with the Site, it's integrity, functioning, infrastructure, or information contained therein, or any individual or entity's use of the Site. You may not interfere with any other users personal, civil, or property rights. You may not post any ideas or submit responses that contain information or remarks that may be found to be bullying, offensive, discriminatory, inflammatory or illegal, or otherwise suggest violence, or physical or emotional harm.

For more guidelines on how to use the Site and best ensure the safety and enjoyment of yourself and others, please visit our User Guidelines and Best Practices page https://ideacoil.com/ideacoil-guide.

If at any time, you discover suspicious, offensive, or threatening activity or content while visiting or using the ideacoil website, or any other information that is deemed inappropriate, you may report it by sending us a message.(insert email address).

Ideacoil retains the right to remove content, block users, and deny or revoke user accounts at any time, for any reason, without notice.

6. Payment Terms

6.1 To post an idea on the Site, you must provide a valid payment account. When you post an idea, you agree to pay all amounts specified in your transaction along with any applicable taxes. Users who post ideas or submit responses are paid via PayPal and are required to enter in a valid PayPal email ID before entering a response. We may revoke your eligibility to make or receive payments on the Site at any time, for any reason, without notice. We reserve the right to cancel any transaction we suspect of violating the Terms of Use or for any other reason without notice. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal activity.

6.2 At the end of your idea expiration dates, your idea or project questionnaire will no longer be visible on the Site (unless it has been deleted or renewed), and any remaining payment that may be left over will be either returned or not collected processed from your total payment amount. The amount left over cannot be carried over to fund a new idea posting on the Site.

6.3 We make no warranties of any kind, express or implied, with respect to any services sold on or through ideacoil.

6.4 When you provide funding information to us, you confirm that you are permitted to use that funding instrument. When you fund an idea posting, you authorize Ideacoil (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize Ideacoil to collect and store that funding information, along with other related transaction details in reference to your payments subject to our privacy policy. In addition, by submitting payments on the Site, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

6.5 You are responsible for any overdraft, or other transactional fees imposed by a bank or other entity as a result of a failed payment(s).

6.6 In order to prevent financial loss to you or to us, we may place a delay on a payment for duration of time, or limit a particular funding method for a transaction, or limit your ability to pay for an idea, or limit your ability to get paid for a submitted response, or deactivate your account.

6.7 If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate the account within SIX (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.

6.8 All collected payments are final for idea submissions by users. We may intervene in disputes concerning payments that may arise between you and another user, but we have no obligation to do so.

6.9 You are responsible for maintaining the security of your Ideacoil account. If you believe that an unauthorized transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the change in your account, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.

6.10 If you can cancel an idea or project posting at any time but your idea may run for several days after you notify us, and you are still responsible for paying for the responses approved for that idea.

6.11 It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

6.12 By using the Site's payment services, you agree that we may communicate with you electronically any important information regarding your transactions or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you provide on your Profile page.

6.13 We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.

7. Account Termination

Ideacoil may at any time and without prior notice and in its sole discretion, remove any user and/or posted content, and terminate a user's account for submitting and posting any material that that found in violation of the Terms of Use or for any other reason.

8. External Links on the Site

Ideacoil may contain links to third-party websites that may or may not be directly affiliated with Ideacoil. Links shall be provided directly from advertisers for the sole purpose of referencing or displaying third party advertisements. Ideacoil does not endorse any externally linked website and shall not be held liable for the content of any externally linked website. Any linked URLs MUST NOT direct users to any website that contains offensive, obscene or otherwise objectionable content. (Why highlighted in yellow?)

All links posted on the Ideacoil website MUST: Be in the form of a text-only link and be clearly marked with its full URL address, for example: https://www.ideacoil.com;

NOT re-direct a User to a hidden website that contains codes for phishing, or displays offensive, graphic, sexually explicit or otherwise objectionable content or is unrelated in any way or form to the posted subject content of displayed on the ideacoil.com website;

NOT contain hidden information, such as but not limited to malicious code, text or characters that may disrupt the normal operations of the Website.

Ideacoil does not endorse any externally linked website and shall not be held liable for the content of any externally linked website. Ideacoil reserves the right to remove any external links at any time without notice.

9. Third Party Content

IDEACOIL DOES NOT RECOMMEND OR ENDORSE ANY DISPLAYED ADVERTISEMENT(S), AND IS NOT RESPONSIBLE FOR THE TECHNICAL ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINIONS, ADVICE, OR STATEMENTS POSTED BY ITS USERS. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS AND INTEGRITY OF ALL INFORMATION OR CONTENT SHOWN ON THE IDEACOIL WEBSITE BY THIRD PARTIES.

10 .Ownership

The Website and all intellectual property rights included in or related to Website are owned or licensed by Ideacoil.

A User shall NOT, under these Terms of Use have permission to reproduce, reverse engineer, modify, decompile, resale, disassemble, alter or create copies of any information, logo, mark, design or code found or displayed on the Site. Users may NOT use nor copy any intellectual property or proprietary information shown on the Website without express written consent from ideacoil.

You understand and agree that all survey templates and guidelines on the Site are provided by ideacoil for guidance purpose only and cannot be removed from the Site, reproduced directly or derivatively, or distributed by any user or third party for any commercial purpose.

11. Our Relationship with Users

By using the Ideacoil website, no agency, partnership, joint venture, employee/employer or franchisor-franchisee relationship is assumed or established by agreeing to these Terms of Use or between any users of the Site.

Information posted by users on the website is owned by Ideacoil during the duration of time for which the content is posted. Ideacoil shall not be held responsible for sharing or releasing user information in compliance with any laws or government or agency investigations.

Ideacoil reserves the right to take any legal action available with respect to any user's actions relating to or associated with the Site.

12. Governing Law and Jurisdiction

The Ideacoil.com website operates under Ideacoil LLC., which is a company established in New York, NY. Ideacoil can be accessed from all 50 states within the United States, as well as accessed from any other country worldwide. The user of the Site understands that each of these places may have laws, rules and regulations for internet usage that may differ from those of The United States. By accessing and using the Website from any location, you agree that all actions and disputes arising out of or relating to the use of the Website shall be governed by the internal substantive laws of the State of New York, with respect to its conflict of laws principles. Any claim or dispute between you and Ideacoil LLC or the Site that arises in whole or in part from, or is in any way connection to, your or any users use of the Site shall be decided exclusively by a court of competent jurisdiction located in New York, New York, United States of America and All users submit to jurisdiction and venue in the courts of New York for such purposes.

13. Limitations of Liability

In the event that a user has a dispute with one other or more users or vendors or advertisers on the website, you release us from claims, demands and damages (consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, written or unwritten arising out of or in any way connected with the Website or Ideacoil. You waive the provisions of any law or regulation limiting or prohibiting a general release.Ideacoil.com is not liable for any behavior or actions that may result from postings and advertisements on the website.

Occasionally, the ideacoil.com website may undergo scheduled maintenance, which may require immediate (emergency) or prolonged maintenance work. We will have no liability, whatsoever, for the unavailability of the Ideacoil.com website service or any content during this time of scheduled maintenance. We shall not be held liable for any loss of data loss, information or transactions that may arise from these delays, which include service interruptions, personal computer errors or any type of condition that may or may not be related to the website.

IN NO EVENT SHALL IDEACOIL LLC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, OR INFORMATION OR ADVERTISEMENT AS A RESULT OF POSTED CONTENT REGARDLESS OF WHETHER IDEACOIL.COM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH CONDITIONS, OUTCOMES OR DAMAGES OCCURING.

The limitations of liability provided in these Terms of Use inure to the benefit of Ideacoil, our affiliates and to all our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you, the user.

14. Other General Provisions

If any section, part of provisions of these Terms of Use is held to be invalid or unenforceable, such provision(s) will be struck and the remaining provisions will remain enforceable. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us and the user with respect to the subject matter hereof.

YOU AND IDEACOIL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENSE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CASE OF ACTION IS PERMANENTLY BARRED.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ideacoil, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses and liabilities, costs and debt, and expenses (including but not limited to attorney's fees) arising from (1) your use and access to the Ideacoil Site; (2) your violation of any third party right and access to the service; (3) your violation of any of these Terms of Use, and your violation of any third party rights including without limitation any copyright, privacy or privacy right or any claim that your content caused damage to a third party.

You further agree to indemnify and hold harmless Ideacoil from and against, any actions taken by any individual accessing your account or by your acceptance of third party incentives.

16. Assignment

These Terms of Use, and any rights and license granted hereunder, may not be transferred or assigned by you, but may be assigned by Ideacoil without restriction.

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If you have any questions in reference to The Terms of Use or our Privacy Policy, you may contact us HERE.