The Company regularly views, receives, and analyzes submissions of ideas, proposals, and designs for products and services. The Company may elect to provide you with an opinion of your submission and anything contained therein; however, the Company will not be required to provide any opinion or render any other advice concerning your submission. While the Company will not share your submission with any third party, the Company cannot guaranty that another person or entity will not offer, develop, patent or obtain any other intellectual property protection over the submission or idea, whether identical, similar or otherwise. The Company’s receipt of your submission will not prevent the Company from accepting, retaining, developing, or marketing identical or similar ideas received from others. Advice or opinions expressed by the Company will not be considered legal advice and cannot be relied upon as legal advice by you. By submitting an idea to the Company, either through the Company’s Website, its Services, or otherwise, you agree to be bound to the terms and conditions that the Company has established for its users. Specifically, in some circumstances you may lose the right or opportunity to patent your idea or invention, or secure copyright or trademark protections afforded under the laws of the United States or any of its subdivisions (including states, commonwealths, districts, territories or possessions).
You may choose to post certain text, files, images, photos, videos, sounds, musical works, works of authorship, or other materials to the Company’s Website or its Services. By doing so, you grant to the Company an irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Company’s Website and its Services. With regard to any content posted on the Services, you represent and warrant that: (i) you own the content or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Company’s Website or its Services does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, licenses, contract rights, or any other rights of any person or entity. We reserve the right to delete any content that violates this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person. You are prohibited from using any of the marks, logos, or other information appearing on the Company’s Website or its Services without permission from the Company and, if different than the Company, its owner(s).
You consent and authorize Inventures International, Inc, it’s affiliates, including MyCoolInventions.Com and MyCoolGadgets.Com, agents, representatives and all persons or entities with its permission or upon it’s authority (collectively Inventures International) to use your name, voice, photograph and likeness (the “Material”), in whole or in part, in connection with the exhibition, merchandising, advertising, promotion, distribution, broadcast on radio, TV and any other activities related to the My Cool Inventions program (the “Program). This right includes the right to incorporate use Material in video, audio, print ads, still photographs, catalogs, packaging and package inserts, web sites and all other media (the “Advertising”), and to reproduce, exhibit, broadcast, transmit and distribute Advertising containing the Material. You hereby assign and agree to assign in perpetuity to Inventures International, Inc. any and all worldwide rights, including the copyrights and renewals thereof, in and to the Advertising and the Program and the uses to which it may be applied. You waive any and all rights to inspect or approve the Advertising and the uses to which it may apply.
Your profile with us may not include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. We will endeavor to enforce our policy as promptly and efficiently as possible. However, we assume no responsibility or liability for any material posted or submitted by users of the Company’s Website, as such material may be inaccurate, inappropriate, offensive, or sexually explicit. You may report instances of misuse of the Company’s Website or its Services by other users by sending an email to firstname.lastname@example.org. The Company’s Website is owned and operated by the Company, which is solely responsible for its operation. The Company’s Website has no affiliation with any inventors group.
We reserve the right to reject, refuse or remove anything posted, uploaded, created, sent or received (including private messages or emails) by you, or to restrict, suspend or terminate your access to all or any part of the Company’s Website and Services at any time, for any or no reason, with or without prior notice and without liability. The Company expressly reserves the right to remove your profile and/or restrict, suspend or terminate your access to any part of the Company’s Website or its Services if the Company determines, in its sole discretion, that you pose a threat to the Company or its users.
Content that (a) is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits personal information from anyone who is a minor under the laws of the jurisdiction in which you reside (typically, those 17 years of age or younger); (f) provides any telephone numbers, street addresses, last names, URLs or email addresses without the permission of their owner; (g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, motion pictures, and other such works or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (l) solicits passwords or personally identifying information for commercial or unlawful purposes from other users; (m) involves commercial activities and/or sales without the Company’s prior written consent such as for contests, sweepstakes, barter, advertising, or pyramid schemes; or (n) includes a photograph of another person that you have posted or obtained without that person’s consent, may not be posted on or through the Company’s Website or its Services.
Activities such as (a) criminal or tortuous activities, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any user to buy or sell any products or services through the Company’s Website or its Services; (c) any automated use of the system, such as using scripts to add users or to send comments or messages; (d) interfering with, disrupting, or creating an undue burden on the Company’s Website or its Services, or on the networks, servers, hardware or software connected to the Services; (e) attempting to impersonate another user or person; (f) using the account, username, or password of another user at any time or permitting any third person to access your account; (g) selling or otherwise transferring your profile on the Company’s Website or its Services; or (h) using the Company’s Website or its Services in a manner inconsistent with any and all applicable laws and regulations, are not permitted.
In no event shall the Company be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Company’s Website or its Services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form or cause of the action, shall at all times be limited to the amount paid, if any, by you to the Company for its Services during the term of use or membership. If your state or jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the Company’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed US$100.00.
You agree to indemnify and hold harmless the Company, its subsidiaries, and affiliates, and their respective officers, directors, partners, members, managers, agents, attorneys, employees, representatives, or others acting for or on their behalf, from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees or costs, made by any third party due to or arising out of (a) your use of the Company’s Website or its Services in violation of this Agreement; (b) a breach of this Agreement and/or any breach of your representations and warranties set forth above; or (c) any circumstance where content that you post on the Company’s Website or through its Services causes the Company to be liable to another.
In order to use the Services offered on the Company’s website, the information that you submit must be truthful and accurate. You must also have reached the age of majority in your jurisdiction (typically, 18 years of age or older) in order to use the Services. You may not use the account, username, or password of another user at any time. Only individuals may register for and use the Services; companies, corporations and partnerships may not use the Services in connection with any commercial endeavors or enterprises. You may not collect the email addresses or use names of the users of the Company’s Website or its Services for the purpose of sending unsolicited email or for any other purpose. You acknowledge that the use of the Company’s Website may constitute or result in a bar to patentability of inventions.
This Agreement shall be deemed to have been executed in St. Petersburg, Florida and shall be governed by and construed in accordance with the internal substantive and procedural laws of the State of Florida, without regard to any conflicts of laws and to the exclusion of each and every other jurisdiction containing laws other than applicable laws of the United States of America. Unless expressly stated otherwise or agreed to in writing by the Company, all disputes arising out of or relating in any way to this Agreement shall be resolved by binding arbitration in St. Petersburg, Florida using the applicable rules of the American Arbitration Association, and judgment on the award rendered by said arbiters may be entered in any State or Federal Court as appropriate to enforce the rights granted by that judgment. You consent to the personal jurisdiction and venue of the courts of the Sixth Judicial Circuit of the State of Florida, sitting in the City of St. Petersburg, in Pinellas County, Florida. You expressly waive any objection or challenge to personal jurisdiction or venue in those courts and you further consent that any process notice of motion, petition or other applicable to such courts or to a judge thereof may be served outside of the State of Florida by registered or certified mail or by personal service, provided that a reasonable time for appearance and response is allowed.
This Agreement is accepted in full upon your use of the Company’s Website or any of the Services offered on it. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Company’s Website and its Services. It may be modified only as provided herein. The failure of the Company to exercise or enforce any right, term, or provision of this Agreement in a timely manner or otherwise shall not operate as a waiver of such right, term, or provision. If any term or provision of this Agreement is deemed illegal, unenforceable, or void for any reason by a court of competent jurisdiction, then the offending term or provision is deemed severed from this Agreement and the remainder of the Agreement shall remain in full force and effect, and shall be enforceable, as if the offending term or provision had never appeared.