Contents|
These Conditions of Use (hereinafter, the “Conditions”) describe the terms and conditions applicable to the services and contents offered on the website www.ideas4all.com belonging to the company GLOBAL IDEAS 4 ALL S.L. with registered address at calle Alcalá nº 85, 5º Izquierda, Madrid, CP 28009, province of Madrid, with Company Tax Code No. B-84741842, registered in the Madrid Trade Register, Volume 22963, Folio 148, Page M-411326 (hereinafter, “ideas4all”). Acceptance The acceptance of these Conditions may be carried out by means of their express acceptance when ideas4all offers this option on its website or by means of the simple access to the ideas4all website or the mere use of the services and contents provided (as defined later on) through this website. The provision of the services and contents offered through the ideas4all website shall always be subject to the acceptance of these Conditions. In the event of failure to accept these Conditions, the User must not enter the Ideas4all website or use the services offered through this website. Amendments ideas4all reserves the right to modify these Conditions. An updated version of them shall be permanently available on the website. The use of the services and/or the mere access to the ideas4all website shall imply the acceptance of any amendment made. Ideas4all recommends users to periodically consult the Conditions as well as their amendments. Legal capacity The services and contents offered through the ideas4all website are solely aimed at individuals or legal entities who, in accordance with applicable legislation, have sufficient legal capacity for accepting these Conditions and who have not been excluded by Ideas4all due to having infringed any of their provisions. Description of the services offered by Ideas4all ideas4all offers, free of charge, a platform for exchanging innovations, ideas, solutions, designs, as well as any other content related with the world of ideas (hereinafter, “Ideas”), simply acting as intermediaries and enabling communication between those who offer the Ideas and those who request or consult them. In addition to this, ideas4all shall offer other services and contents related with this exchange, such as, by way of example, the organization and categorization of the Ideas, the possibility to make comments and vote or the possibility of editing contents. Furthermore, ideas4all will be able to edit the Ideas provided for the sole purpose of promotion and publicity of the ideas4all website. To access and use certain services offered by ideas4all it is necessary to open a User account and register in the terms described in the epigraph “Account Registration”. For the purposes of these Conditions, both registered Users and unregistered Users shall be called “Users”. ideas4all does not exercise any control, nor does it have the means for exercising this control, amongst others, regarding the quality, originality, authenticity, legality, security or validity of the Ideas and other Users’ contributions, nor their veracity or accuracy. Likewise, as the services offered by ideas4all are just a mere communication platform between Users, ideas4all shall not be responsible for the use made of the Ideas by any individual or legal entity, or for the suitability or for the results derived, the User being responsible for the results, damages or actions that might arise from their use. Nor does ideas4all exercise any control over the content and the information that the Users provide through the ideas4all website, including the information regarding their legal capacity and identity, in some cases the Users being able to consider this information as offensive, indecent, inaccurate or misleading. Consequently, in the event of dispute of any kind (including disputes on the responsibility and/or ownership of the rights over the works) or for any reason between the Users of ideas4all or any third party, ideas4all and its management team, representatives, administrators, branches and employees, are exempt from any responsibility for liability claims or damages of any kind and nature (direct or indirect) in any way related to this dispute. ideas4all is under no obligation to ensure that the use of the services on the part of the Users complies with the contents of these Conditions. Nevertheless, ideas4all reserves the right to remove, refuse or cancel access to the services offered through the website without the need to give any notice to those Users that fail to comply with what is established in these Conditions. The ideas4all website and the services offered on it are in "Beta", meaning that there may be errors or other deficiencies that affect the functionality of the services offered through the website. Therefore, the services offered through the website could be modified or suspended temporarily or interruptedly without any need for notice. In spite of the above-mentioned, ideas4all, insofar as possible, shall do its best to inform the Users of these changes or suspensions. Registered Account To access certain services, the User must open an account as a Registered User, providing the data requested by ideas4all, which will be handled according to the Privacy Policy that is included with these Conditions by express remission and which may be consulted on Privacy Policy. The data provided by the User must be accurate, truthful and complete, the User assuming all the responsibility for their lack of veracity or inaccuracy. ideas4all reserves the right, without prejudice to any other legal measures at its disposal, to remove, refuse or cancel access to the services should the data provided be false, inaccurate or misleading. ideas4all shall ask the User for a Registered User's name as well as an associated password, which shall define their Registered Account. The User shall be responsible for safeguarding the confidentiality of their password and is under the obligation of informing ideas4all of any problem related with the security of their Registered Account at the following e-mail address info@ideas4all.com. Consequently, only the registered User shall be responsible for the activity occurring related with their Registered Account. Registered Users’ Rights For accessing and using the services associated to a Registered Account, it is necessary to use a Registered User's name and associated password. The Registered Users, pursuant to these Conditions and with the limits set forth herein, shall be able to carry out the following actions related to the services offered through the ideas4all website: The registered Users shall have the following services available to them: - Challenge issues of any nature. In this case, the registered users shall be called “QUESTORS”. - Provide Ideas in any of the following ways: - Give Ideas as their original author. - Give Ideas based on pre-existing ideas of other Users. In this case, in the new idea, ideas4ll will include a reference to the original idea by means of the mention of the number and title of the original idea. In these cases, the registered Users shall be called “IDEATORS”. The same registered User may be, at the same time, a Questor, an Ideator, post comments and vote for the contents submitted by other Users (registered or unregistered). Limitations of Use Users are under the obligation to use the services offered through the website in accordance with these Conditions as well as with the corresponding Policies for Use or Specific Conditions that may be drawn up and that shall be included in these Conditions by express remission. The services offered by ideas4all must be used by the Users at all times in a diligent, legal, non-fraudulent, correct and licit manner, in compliance with moral correctness, best practices and public order; only the User is responsible for the use made of the services as well as for the consequences arising from the failure to comply with these Conditions. - Not to use or activate an automated system (including, but not limited to, any robot, spider or offline reader that accesses the ideas4all website in order to send more application messages to ideas4all’s servers within a specific time interval than an individual could reasonably produce in the same interval of time using a publicly available and general web browser. - Not to damage in any way the services offered by ideas4all or the rest of the Users. - Not to generate any type of liability for ideas4all or for any User. - Not to collect any other User’s personal data, including ideas4all account names. - Not to alter or modify any part of the ideas4all website or the services associated with it. - Not to copy or distribute any part of the ideas4all website by any means. - Not to manipulate any security function of the ideas4all website. - Not to use the website and the services for any commercial purpose. - Not to falsify or alter the information provided by ideas4all for the efficient use of the services offered through the website. - Not to incorporate any links that may prejudice ideas4all, other Users or third parties in any way. Further information may be obtained in the Privacy Policy available on the Ideas4all website.
For the purposes of these Conditions, Contents are the Ideas provided by the “ideators” and the challenges forwarded by the “questors” and all information and contents provided by any User through the website and its functionalities. The Users shall always be the holders of the rights regarding the Contents they submit, although, so that ideas4all may provide its services to the User and so that ideas4all will not interfere with any right regarding the Contents submitted, the Users must grant a series of limited licences of right in favour of ideas4all and the other Users as described in the epigraph “Licences of Use” In this sense, for the purposes of these Conditions, any Content which does any of the following, by way of example, is specifically forbidden: - Infringe any local, national or international law or regulation applicable. - Infringe the legitimate rights acquired by any individual. - Infringe any intellectual or industrial property right or any other property rights. - Be false, inaccurate or misleading.- Damage the right to personal privacy. - Be defamatory or slanderous, threatening or coercive. - Be obscene or contain child pornography. - Attempt to supplant the identity of another individual. - Contain other elements that might cause alterations in the Users’ and/or ideas4all’s computer applications and equipment. By way of example, computer viruses, trojans, malfunctioning (bugs), time bombs, cancelbots, etc. - Contain any kind of publicity on products and services not related to ideas4all. - Copy, on the ideas4all website, with the intention of appropriating, any element relating to an Idea submitted previously by another “ideator”. In this sense, ideas4all reserves the right to delete the copy made.
The User guarantees ideas4all that it is the sole and exclusive owner of the rights inherent to the Contents that it submits, or that it has the authorization and permits required from the legitimate holders of these rights for the whole time that it uses the services offered by ideas4all to grant the following licences required for providing the Users with the services offered by ideas4all: - Licence in favour of ideas4all. By accepting these Conditions and for the sole purpose of Ideas4all being able to provide the services, the User grants ideas4all, a non-exclusive licence, worldwide, free, and transferable over all the intellectual and industrial property rights and any other rights over the Contents (including, but not limited to, texts, photographs, graphics, video and audio explaining the Content) that are necessary for providing the services offered by ideas4all. ideas4all reserves the right to use the contents provided by all the Users for the purpose of promoting the services offered through its website, by means of, including, but not limited to, insertion of advertisements in different media or the publication of books. - Licence in favour of the rest of Users. By means of the acceptance of these Conditions for the sole purpose of ideas4all being able to provide the services, the User grants the remaining Users of the services offered by ideas4all through the website, a non-exclusive licence, worldwide and free, over all the intellectual and industrial property rights and any other rights over the Contents (including, but not limited to, texts, photographs, graphics, video and audio explaining the Content) that are required so that the rest of the Users may access the Contents submitted by this User and so that the Registered Users may use the services offered by ideas4all in accordance with what is set forth in these Conditions. The aforementioned licences shall be cancelled within a reasonable term starting from the moment the User removes the submitted Content from the ideas4all website. However, the User knows and accepts that ideas4all will be able to keep a copy of the Content removed by the User on its servers, which shall not be disclosed in any way. 2. Creative commons Attribution 2.5 Should the User wish to license their Content in this manner, they must do so in the way enabled by ideas4all for this purpose. None of the licences described in this section damage or limit the moral rights of the Users regarding their contents. Privacy The personal data collected by ideas4all on its Users will only be used by ideas4all in accordance with what is set forth in its Privacy Policy, which is attached to these Conditions by express remission. Rights corresponding to ideas4all ideas4all reserves the right, without incurring in responsibility toward the Users or any other person, at all times and without prior notice, to suspend or interrupt the service definitively or to prevent access to the website if any User fails to comply with any of the provisions laid down in these Conditions, or if ideas4all cannot corroborate the authenticity of the Contents or of the information provided to Ideas4all, or if ideas4all considers that the User's actions may incur grounds for responsibility for the User, ideas4all or other Users. Likewise, ideas4all reserves the right, without incurring responsibility for the Users or any other person, at all times, and without prior notice, to remove and/or to deny access to any Content that is contrary to these Conditions. Any User will be able to contact ideas4all at the e-mail address info@ideas4all.com, or by any other means made available, to report any infringement of these Conditions. ideas4all reserves the right to take the necessary measures to correct this infringement. Absence of guarantees The services offered through the Ideas4all website are offered on an as-is basis, excluding all the express, implicit, legal or any other kind of guarantees, conditions and manifestations, including without any limitation any implicit guarantee relating to quality, performance, availability, absence of errors, commercialization or adequacy for private purposes or use. In this sense, ideas4all does not guarantee secure, error-free and uninterrupted access to the services that may be affected by numerous factors beyond the control of ideas4all. Limited liability - Any loss of profits, business, advanced savings, goodwill, revenues or benefits; and/or - Any loss or damage or destruction of data or information; and/or - Any loss or indirect damage of any nature You undertake to maintain ideas4all, its management team, representatives, administrators, subsidiaries and employees harmless from and indemnify them for all third-party claims related with the services offered by ideas4all, including liability or expenses caused by claims, losses, damages of any nature, lawsuits, resolutions, legal costs and solicitors' fees of any nature. Miscellaneous Nothing in these Conditions implies any association or corporate binding between the User and ideas4all, nor can they be considered any kind of joint venture. They completely exclude any connection or employment relationship between the User and ideas4all. Jurisdiction and law applicable These Conditions shall be governed by Spanish law. Any claim, legal procedure or lawsuit arising in connection with them shall solely be subject to the jurisdiction of the Courts of Madrid. Purpose of the Conditions of Use GLOBAL IDEAS 4 ALL S.L. with registered address at calle Alcalá 85, 5º Izquierda, Madrid, CP 28009, province of Madrid, with Company Tax Code No. B-84741842, URL www.ideas4all.com, registered in the Madrid Trade Register, Volume 22963, Folio 148, Page M-411326 (hereinafter, “Ideas4all”), is the owner of this website (www.ideas4all.com), the use of which is subject to these terms and conditions. The use of the website entails the condition of User, implying full acceptance, without reservations, of the conditions included in this document. The User shall use the website in a diligent, legal, correct and licit way in compliance with moral correctness, best practices and public order. ideas4all reserves the right to modify, at any time, the presentation and configuration of the website, as well as its conditions of access and use. Therefore, ideas4all recommends the User to read these conditions carefully each time they access the website. The access to certain contents offered through the website may be subject to certain conditions that, according to the cases, replace, complete and/or modify the present conditions. Consequently, before accessing and/or using these contents, the User must read the corresponding conditions in detail. The provision of the services offered by ideas4all through the website shall be governed by its corresponding conditions of use that will be available to the User on the website and/or at the time of providing the corresponding service. It is possible that, during the provision of the services included on the website, the domain name under which these services are provided may be modified. The User knows and accepts this possibility, in which case the obligations accepted by the User and ideas4all according to what is set forth in this document remain applicable.
All trade names, trademarks or distinctive signs, logos, symbols, mixed, figurative or nominative trademarks that appear on the website belong to ideas4all or it holds, upon prior authorization, the right to use them and they are protected by the corresponding legislation. The use of any elements included on the website is strictly forbidden without the express authorization on the part of ideas4all. The User agrees not to damage intellectual and industrial property rights belonging to ideas4all or third parties. The User will be able to reproduce the contents of the website with the sole purpose of their storage, making backup copies or printing them on paper for their personal use. Limited liability ideas4all reserves the right to interrupt access to the website, as well as to the provision of any of the contents and services that are provided on it at any time and with no need for advance notification, whether for technical, security, control, maintenance reasons, or due to failure in the power supply or for any other cause. As a result, ideas4all cannot guarantee the reliability, availability or continuity of the website or of its contents and services, and therefore their use on the part of the User is made at its own risk, not being able to make any claims to ideas4all in this respect at any time. ideas4all shall not be held liable in the event of any interruption, delay, error, or malfunctioning of the existing service and, in general, for any other problems that are due to reasons beyond the control of ideas4all, and/or the result of wilful misconduct or a minor offence on the part of the User and/or are due to circumstances beyond its control (force majeure). Without prejudice to what is laid down in the corresponding legislation, and for the purposes of these conditions, any event occurring beyond the control of ideas4all shall also be considered force majeure, such as: failure of third parties, operators or service companies, Government actions, lack of access to third-party networks, Public Authorities’ actions or omissions, other ones produced as a result of natural phenomena, blackouts, etc. and the action of hackers, crackers or third parties specialized in the security or integrity of the computer systems. Whichever their cause, ideas4all shall not be liable for any direct or indirect damages, consequential damages and/or for any lost profits. ideas4all takes no responsibility for the damages that the User may suffer due to errors or omissions affecting website contents. ideas4all shall not be held liable for any damages that may be caused to the Users equipment due to computer viruses or for any other damage affecting the User as a result of the use, disclosure or dissemination of the website contents. Nevertheless, Ideas4all declares that it has adopted and will adopt in the future all the necessary measures, within its possibilities and state of technology, to guarantee the correct operation of the present website and to avoid the existence and transmission of viruses and other components harmful to the Users. Applicable law and jurisdiction. Spanish law shall be applicable in the event of any litigious situation or any concerning the website, the Courts of the City of Madrid (Spain) being competent for dealing with all the conflicts deriving from or related with the use of the Portals.
|
|
|
 |
© 2008 IDEAS4ALL
|
