- You should be above the age of 18 years to use the Product.
- The Product provides a platform for posting and sharing of inventions, designs, ideas, innovations, technologies, projects, business plans, case studies, solutions for posted Requirements and other related materials (hereinafter referred to as "Idea" or "Ideas", as the case may be) by anyone claiming to own the Idea (such person posting the Idea is hereinafter referred to as "the User").
- The Product is not for use by persons who are in the business of marketing of ideas and inventions or like businesses. The Product is available free of charge to innovation/solution providers for submitting Ideas, comments and voting on the Ideas. The product has facilities to moderate the Ideation process by harnessing the collective intelligence of employees within the organization and listening to customer voice by collaborating with customers and engage in the innovation process. These features of Ideapoke are the premium services of Ideapoke. The Premium services can be used by government organizations, Non profits, Small and Medium Business or fortune 500 companies. To get the premium services Customers must contact us for setting up a corporate account by filling out the Contact Us Form.
- Ideapoke does not claim any ownership rights in any Idea posted on the Product.
- Ideapoke provides facilities for organizations to collaborate internally within a Network which is based on the organization domain.
- Ideapoke has features for Users to collaborate with anyone outside and inside the organization through Communities. Communities can be public or private. Users can join these communities by requesting for membership.
- Organizations can customize their networks and create communities by using Admin module in the Ideapoke product. Admin modules are available to organizations by a nominal fees paid to Ideapoke.
- Organizations can create and moderate Ideation processes within the Ideapoke by subscribing to a monthly/yearly per user package.
Access to the Product
- The User is responsible for keeping his/her/its password secure.
- Your login may only be used by one person's a single login shared by multiple people is not permitted.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- The User shall use the Product and access all or any information provided therein for lawful purposes only and in a manner that does not infringe the rights of any other person.
- The User is prohibited from indulging in any behavior that may cause distress, harassment, inconvenience, intimidation or defamation to anyone or that may constitute violation or infringement of anyone's rights under law or an offense under law.
- The User shall not alter or modify any part of the Product other than as may be reasonably necessary to use the Product for its intended purpose.
- The User shall not copy or distribute any part of the Product in any medium without Ideapoke's prior written authorization. However, this does not prevent an User from distributing the User's own Ideas.
- The User agrees not to use or launch any automated system, program, code, by whatever name called that accesses the Product in a manner that sends more request messages to the Ideapoke servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. The User shall not act in a manner, by generating, creating or attaching programs or codes, by whatever name called, so as to cause access to the Product diverted, slowed down, made difficult or impossible by any other person.
- The User shall not while using the Product or posting any Idea or content on the Product or while using Private
- Defame, abuse, harass, stalk, threaten, intimidate, degrade or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, indecent or unlawful material or information.
- Impersonate another person or entity.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Conduct or forward surveys, contests, or chain letters.
- Download any file posted by another person that the User knows, or reasonably should know, cannot be legally distributed in such manner.
- Post advertisements or solicitations of business.
- Publish falsehoods or misrepresentations that could damage Ideapoke or any third party.
- Submit material that is copyrighted, protected by trade secret or is otherwise subject to third party proprietary rights unless the User is the owner of such rights or has permission from their rightful owner to post the material and grant Ideapoke all of the license rights granted herein.
- Submit material that is copyrighted, protected by trade secret or is otherwise subject to third party proprietary rights unless the User is the owner of such rights or has permission from their rightful owner to post the material and grant Ideapoke all of the license rights granted herein.
- Notwithstanding anything contained herein, Ideapoke permits public search engines permission to use programs to enable them to create publicly available searchable indices of the Ideas, but not caches or archives of such ideas. Ideapoke reserves the right to revoke these exceptions either generally or in specific cases.
- The User agrees not to collect or harvest any personally identifiable information, including account names, from the Product.
- The User agrees not to use the communication systems provided by the Product for any commercial solicitation purposes without Ideapoke's prior written permission.
- The User agrees to upload only such content to which he owns or has the requisite rights and permissions. The User agrees not to violate any copyrights, trademarks, patents and intellectual property that belong to another party.
- The Users must not modify, adapt or hack the Product or servers hosting the Product or cause any interruption or diversion in access to the Product.
- It shall be the User's sole obligation to retain and maintain off-line with the User, and not on the Product or Ideapoke's server, complete backup of all or any content and Idea posted on the Product.
Anti spam policy
- Ideapoke expressly forbids SPAM (the term "spam" meaning the sending of unsolicited e-mail to parties unknown to the sender). Ideapoke has a zero tolerance SPAM policy. Any customer found to be using Ideapoke for SPAM will have their account subject to immediate termination.
- We cannot and do not, monitor, censor or edit the contents of email messages sent using our system. Users alone are responsible for the contents of their messages and the consequences of any such messages. We do not assume any responsibility or liability for messages or other content that is created by our users. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person's proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder.
- We will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.
Free Account, Payments, Refunds, Upgrading, Downgrading
- You have the option of utilizing the Free Account to trial the product. The Free Account does not expire unless until it is expressly canceled. You can upgrade to any of the paid package at any point of time. An upgrade from the Free Account to any paying plan will end your Free Account. You will be billed for your first month immediately upon upgrading. Once the Free Account is upgraded to a paid package, it cannot be reverted to a free account.
- After upgrading to a paid account, there is a 30 Day Money Back Guarantee. This guarantee is valid starting the day that you INITIALLY upgrade your account. If you are not satisfied with the service for any reason, you may submit a request to have your payment refunded.
- The Service is billed in advance on a monthly or annual basis, depending upon the license you purchase and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Unfortunately we cannot make any exceptions.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service is not permitted.
- Ideapoke reserves the right to change our package fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the website.
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the global navigation bar at the top of the screen. The Account setting provides a simple deactivation link.
- Some of your Content will be immediately deleted from the Service upon cancellation and some of the information will be preserved to recover while reactivating the account. This information can not recovered partially once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Ideapoke, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ideapoke service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Ideapoke reserves the right to refuse service to anyone for any reason at any time.
- The User can post his/her/its Idea on the Network for viewing by all or anyone visiting the Product. User can post Ideas within the communities to be viewed, voted, commented by anyone in public community or in private community. Notwithstanding the above, Ideapoke reserves the right, and shall always have the unhindered right, to view such private content.
- The User posts all such Ideas on the Product at his/her/its sole risk and responsibility. The User takes full responsibility and liability for all the claims that may be made by him in the Idea and the contents posted on the Product.
- Users retain full ownership to their content, but they agree to grant others a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such content.
- If a company or an organization administers the network or private community, all content including, but not limited to ideas, discussions, concepts pertaining to that network will belong to the administering company or organization. A user joining such a network or private community, understands that all content including, but not limited to ideas, discussions, concepts posted will be the property of the administering company or organization.
- User agrees and understand that by joining any administered network or private community:
- User is voluntarily submitting content including, but not limited to ideas, discussions, concepts, data pertaining and voluntarily participating in the network/community.
- User agrees that administering company or organization will own all proprietary rights, including, but not limited to, exclusive patent and copyright rights, in and to any and all inventions, software & intellectual property that it derives from content posted within their network and private community. Any confidential or intellectual property protected content being posted is being done so by the user's own volition.
- User agrees and understand that there is no obligation for any remuneration, salaries, compensation or benefits given to them for their participation in the network/community of the administering company/organization. If the administering company or organization develops a product or software from the content including, but not limited to ideas, discussions, concepts, data posted and sells it, the administering company or organization is not under any obligation to compensate the user.
- User releases administering company or organization and its affiliates, subsidiaries, and parent company, directors, officers, agents and employees from all liabilities including, but not limited to liability arising out of administering network/community.
- Where the User posts or submits any Idea to the Product Network and communities (including any text, photographs, graphics, hyperlinks, drawings, charts, video or audio), the User agrees, by submitting his/her/its Idea, to grant Ideapoke a worldwide royalty-free, non-exclusive, sub-licensable, transferable right and license to use, reproduce, publish, translate, distribute, perform, play, make available to the public, and exercise all publicity rights with respect to the Idea worldwide. The foregoing license granted by you terminates once you remove or delete a User Submission from the Ideapoke Product. However, Ideapoke does not assume any responsibility or liability for availability of the Idea, removed or deleted as aforesaid, on the world wide web, having been copied from the Product.
- The User must seek independent legal advice before posting any Idea on the Product.
- Ideapoke shall determine from time to time, in its sole discretion, the space to be made available to any User on its servers, duration for the use of such space and the charges thereof.
By submitting the Idea to the Product, the User
Warrants that the Idea
- is the User's own original work and that the User has the right to make it available to the Product for all the purposes specified above.
- is not defamatory and
- does not infringe any law and
- That posting of Idea on the Product does not violate or constitute breach of any contract or legal obligation to which the User may be subject.
- agrees to indemnify Ideapoke against all legal fees, damages and other expenses that may be incurred by Ideapoke as a result of the User's breach of the above warranty
Key Terms :
- Your Information - The personal information of Ideapoke users that is collected in the registration process, e.g., name, education, email address and resume.
- Solver - Registered Ideapoke users who participate in activities on the site located at www.ideapoke.com
- Ideapoke Challenge(s)/Challenge(s) - Specific problems of individual organizations that are posted on the Site for users to try and solve.
- Challenger(s) - The businesses or other entities that post Challenges on Ideapoke to be worked on by Solvers.
- Reward(s) - The monetary or other compensation given the winning Solver of a Ideapoke Challenge. The Reward is chosen by the Challenger, or in special cases, the Ideapoke Team.
- Solution(s) - A proposal submitted by a Solver for any individual Ideapoke Challenge.
- Winning Solution - The Solution that is chosen as the recipient of the Reward for a specific Ideapoke Challenge.
- Ideapoke Challenge Brief - The document created for each Ideapoke Challenge that describes the nature of the Challenge, and the specific deliverables that Solvers must submit in order to be eligible to win the Reward.
- Challenge-Specific Provisions - Additional terms and conditions outlined for a particular Challenge that a Challenger stipulates must be agreed to by participating Solvers.
- The Site. This Site provides a service whereby Challengers may post Ideapoke Challenges or use Ideapoke's database to identify and recruit potential job candidates from among the pool of Ideapoke Solvers. Challengers may be commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. By using this Site, you acknowledge that Ideapoke does not control in any manner the nature, quality, legality or timing of Ideapoke Challenges. You agree that Ideapoke is a neutral forum for Ideapoke Challenges to be posted, and Solutions to be submitted. Ideapoke will use reasonable efforts to keep postings related to the results of Solutions and Rewards paid as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times.
- Eligibility. The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.
- Solver Registration. To be eligible to solve Ideapoke Challenges (as further described below) and access information on the Site, you must register as a Solver and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by individual Challengers. You may cancel your registration at any time by contacting info@Ideapoke.com. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Solver or user. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify Ideapoke at info@Ideapoke.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).
- Challenger Registration. To be eligible to post Challenges and access information on the Site, you must register as a Challenger and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by Ideapoke Inc. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Challenger. Additionally, by creating a contest, you agree to pick a Winning Solution for the Challenge created, and agree to pay a Reward to the student chosen as the submitter of the Winning Solution.
- Other's Information. Ideapoke does not guarantee the accuracy of the Site or ownership of any information in a Ideapoke Challenge Brief or the availability of any Reward, unless otherwise stated in a Ideapoke Challenge Brief. While Ideapoke believes such information to be posted in good faith, Ideapoke does not control the information provided by others that is made available through the Site. Other user's information may be inaccurate. You agree to look solely to the Challenger for any claims you may have regarding their information. If you have a dispute with another user of the services (whether a Solver, Challenger or otherwise), you hereby release Ideapoke from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Payment of Rewards. Payment of Rewards will be handled in accordance with the terms set forth in the Ideapoke Challenge Brief and/or its applicable Solver agreement or Challenge-Specific Provision. The conditions for qualifying for a particular Reward shall be as set forth on the Site in connection with that particular Ideapoke Challenge Brief and may include a list of excluded Solutions. The decision as to qualifying criteria and conditions and whether to accept a Solution is entirely within the discretion of the Challenger.
- Ownership and Limited License. (a) Ideapoke shall retain all ownership in the Site and all content generated by it that is displayed on the Site. Ideapoke grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by Ideapoke is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ideapoke. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ideapoke. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form) of Ideapoke without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ideapoke's name or trademarks without the express written consent of Ideapoke. Any unauthorized use terminates the permission or license granted by Ideapoke. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ideapoke.com so long as the link does not portray Ideapoke, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ideapoke logo or other proprietary graphic or trademark as part of the link without express written permission
- Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Site and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and Ideapoke expressly disclaims any liability or responsibility thereto. You will comply with any codes of conduct, policies or other notices we provide you or publish on the Site, and you shall promptly notify us if you learn of a security breach related to the Site or our services.
- No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". IDEAPOKE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
- Limitation of Liability and Disclaimer. Ideapoke has no control over, and is not responsible for the acts or omissions of Challengers, or the quality or legality of the Solutions sought thereby. Ideapoke does not warrant or guarantee the accuracy or completeness of any Ideapoke Challenge Brief, nor endorse any Challenger. IDEAPOKE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL IDEAPOKE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at Ideapoke's request defend Ideapoke from, third party claims arising out of information you provide to Ideapoke for publication, any breach by you of this agreement. 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 this Site or Ideapoke's services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
- Harmful Substances. PLEASE NOTE THAT UNDERTAKING WORK RELATED TO IDEAPOKE CHALLENGE STATEMENTS POSTED ON THE SERVICE MAY REQUIRE THE USE OR SYNTHESIS OF BIOLOGICS OR CHEMICALS THAT COULD BE BACTERIALLY MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERTAKE THE CREATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK.
- Other Contracts, Confidentiality. You agree that you will not disclose to Ideapoke or its affiliates, or to any Challenger, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Challenger related to any Ideapoke Challenge.
- Third-Party Web Site Links. The Site may contain links to Web sites operated by parties other than Ideapoke. Such links are provided for reference only and Ideapoke does not control such Web sites and is not responsible for their contents. Ideapoke's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
- No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Ideapoke. This agreement shall have no third party beneficiaries, other than certain Challengers in accordance with the terms of the applicable Solver Agreement or Challenge-Specific Agreement.
- Copyright. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ideapoke or its Challengers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ideapoke or its Challengers and protected by U.S. and international copyright laws. All software used on this site is the property of Ideapoke or its software suppliers and protected by United States and international copyright laws. The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Site infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details).
Notices and counter notices should be sent to us at:
7100, Stevenson Blvd., Suite 327, Fremont, CA, 94538
By Email: info@Ideapoke.com
- Termination. You are responsible for properly terminating your account. We reserve the right to (i) modify or discontinue, temporarily or permanently, the Site or our services (or any part thereof) and (ii) refuse any and all current and future use of the Site or our services (or any part thereof), suspend or terminate your account (any part thereof) or use of the Site or our services (or any part thereof) and remove and discard any of Your Content in the Site or our services (or any part thereof), for any reason, including if we believes that you have violated these terms and conditions. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or our services (or any part thereof). All of Your Content on the Service may be permanently deleted by us upon any termination of your account in its sole discretion.
- comply with legal process.
- enforce these Terms.
- respond to claims in regard to the Ideas violating the rights of third-parties.
- respond to claims regarding contact information (e.g. phone number, street address) of a third-party that has been posted or transmitted without their consent or as a form of harassment.
- protect the rights, property, or personal safety of Ideapoke, its Users or the general public.
Jurisdiction and governing law
- The Product shall be deemed to be a Product based in Delaware, USA.