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InventBay.com User Agreement
Terms and Conditions - General
InventBay.com, Inc. hosts the InventBay.com Web Site at which Users can access databases and perform various functions relating to submitting, reviewing, and acquiring inventive ideas and designs for personal use. This InventBay.com User Agreement (this “Agreement”) sets forth the terms and conditions governing the use of our site and our newsletter by you, the User. If you access the Web Site or receive our newsletter, you agree to comply with the applicable terms and conditions of this Agreement. - Definitions
- ”Standard User” shall mean a “Basic” or “Premium” User registered according to this Agreement that is not a Subscriber
- ”Subscriber” shall mean a User registered according to this Agreement that also pays a subscription fee under this Agreement
- “the newsletter” shall mean a publication containing information of varying degrees of utility for the purposes of maintaining a useful dialogue between InventBay.com, Inc. and the Users of its Web Site. Such publication shall be provided to the Users electronically.
- “the Web Site” shall mean the web page located at the address http://www.InventBay.com and (1) all pages that can be reached from that web page, and (2) all other pages that can be accessed by the pages described in (1), but (3) not including any web pages that are not are not maintained exclusively by InventBay.com, Inc.
a. The following words or phrases which are frequently used are to be construed only as they are defined within this section. Other words or phrases less frequently used shall be defined within this Agreement, or, where such definition is not available, shall be defined according to their ordinary English meaning as modified by use in trade or course of dealing:
b. Use of a plural form of a word or phrase defined in under 2(a) shall also include use of the singular form of that word or phrase.- Permitted Uses
a. General
The Web Site is owned and operated by InventBay, a Delaware Corporation doing business in the state of Texas (“InventBay.com, Inc.”). All materials appearing on the Web Site, including site design, text, graphics, icons interfaces, and the selection, assembly and arrangements are owned or licensed by InventBay.com, Inc. Permission is granted to electronically copy and to print hard copy portions of these materials only as provided in this Agreement or as explicitly authorized on the Web Site. Any other use of materials provided on the Web Site, including but not limited to (1) reproduction for purposes other than those noted on the Web Site, (2) modification, (3) transmission, (4) display, (5) distribution or (6) republication, without the prior written permission of InventBay.com, Inc., is strictly prohibited. Users shall not use web crawlers or any other technology to automatically download materials from the Web Site. Elements of the Web Site may also be protected by trademark, copyright, trade dress and other laws and may not be imitated in whole or in part on other web sites.
b. Commercial Use
Users shall not use the Web Site or information obtained from the Web Site in the operation of an intellectual property brokerage or listing service or in any other service on the Internet that is competitive with the Web Site or InventBay.com, Inc. Users are not permitted to use the Web Site or information obtained there from for any purpose not otherwise explicitly permitted by InventBay.com, Inc. Users may: - use the Web Site to publish content related to the development of inventions, computer programs, or other useful or marketable ideas; or
- search and view content published on the Web Site.
Users are permitted to use information from the Web Site to evaluate any User submitted content contained therein, contact the publisher of any such content, or commercially apply, republish or use such content if given prior authorization by the content’s publisher.
- Web Site Content
InventBay.com, Inc. is not responsible for and has no control over User published content or the completeness or accuracy there of. Such content is solely the responsibility of the party publishing the content. InventBay.com, Inc. is not responsible in any way for such content. InventBay.com, Inc. conducts only minimal reviews of User published content for the purposes of preventing User exposure to obscenity, commercial advertising or other similarly distasteful or irrelevant content. Content may be removed from the Web Site if such content, in InventBay.com, Inc.’s sole discretion, is deemed inappropriate, detrimental to the user experience, or in competition with the Web Site. Occasionally, content that is published on the Web Site may be altered or modified by InventBay.com, Inc. in order to protect the interests of the publishing User. InventBay.com, Inc. does not conduct screening of User published content for the presence of computer viruses or spy ware and shall have no liability for any damages Users might incur as a result of any malicious programs that User receives while using the Web Site. - Links
Links provided on the Web Site are for the sole benefit of the Users, and InventBay.com, Inc. has no control over content that a User may be exposed to as a result of following such links. InventBay.com, Inc. shall have no liability for any damages of any kind, including, but not limited to, emotional, financial, or physical damage that may result from the use of such links. Accessing information on sites other than the Web Site may require the acceptance of additional terms and conditions beyond those within this Agreement. - Registration
In order to access certain portions of the Web Site, gain access to certain databases, and purchase the products and services available on the Web Site, Users must register by completing the registration form. If you do not register, you will not be granted full access to the content available on the Web Site. By registering or subscribing to the newsletter, you agree to comply with the terms and conditions of the registration form as well as this Agreement.
a. Eligibility
Only American citizens of 18 years of age or older, competent to enter into a contract in their State of residence and the State of Texas, can be registered on the Web Site. InventBay.com, Inc. reserves the right to reject any registration application. InventBay.com, Inc. also reserves the right to suspend the User’s privileges and limit or prevent content access of any registered User who violates this Agreement.
b. User ID
Users who register will be asked to create a unique User ID which is needed to access the Web Site’s registered user content. The User ID shall be used for its registered User’s personal use only, and no User shall permit another person to use the User ID, nor shall any User use or seek to use another User’s User ID. Users may not transfer their User IDs.
c. Complete and Accurate Information
All Users represent and warrant to InventBay.com, Inc. that the information submitted in the registration form is complete and accurate. It is the registered User’s responsibility to keep registration information current. During registration, failure to provide complete and accurate information, or providing false information, will result in a breach of this User Agreement and InventBay.com, Inc. may suspend or delete your account in response thereto. - Privacy
InventBay.com, Inc. shall keep all User information provided to InventBay.com confidential and private in accordance with our privacy policy located at http://www.InventBay.com/index.php/privacy-policy-topmenu-244. - Product and Service Fees
InventBay.com, Inc. charges fees for the use of certain products and services on the Web Site. The price of such fees, as well as other terms and conditions for each of these products and services, will be set forth on the Web Site. Unless the User’s employer has made separate arrangements for invoicing, InventBay.com, Inc. will charge the User’s credit cards or debit the User’s bank accounts for any products or services the User purchases. If the User does not provide InventBay.com, Inc. with a credit card number during registration, then this information must be provided to InventBay.com, Inc. before the time of purchase in order to access these products and services. Users’ credit cards will be charged for any purchases made using their User IDs. Therefore, Users must closely safeguard their User IDs and if a User ID becomes compromised in any way, whether by theft, unauthorized duplication, or otherwise, that User ID’s User must let InventBay.com, Inc. know immediately. Subscriptions paid by credit card will be automatically renewed at the end of each 30 day period for an additional 30 day period until the Subscriber cancels the subscription. It is the Subscriber’s responsibility to cancel the subscription either through their Paypal account, InventBay account management page of the Web Site, by emailing our Customer Support division, or in writing at InventBay.com, Inc., Attn: Customer Support, 2700 Post Oak Blvd., Suite 2375, Houston, TX 77056, USA. - Third Party Products and Services
Third parties provide many of the products and services that are available on the Web Site. InventBay.com, Inc. is not responsible for the content of any of these products or services, nor is InventBay.com, Inc. responsible for their completeness or accuracy. The purchase of any of these products or services is subject to additional terms and conditions described at the point of purchase. Users should familiarize themselves with such terms and conditions before purchasing any products or services. - Payments
Users shall pay for all products and services purchased using their User IDs. The current fees owed are clearly provided on the specific web pages related to each specific purchase. To protect User privacy, InventBay.com, Inc. does not maintain specific records about User purchases beyond that which is required by the User’s credit card company or retained by InventBay.com, Inc. if, in its sole discretion, it feels such information is needed to protect the Users. Non-corporate Users will be provided with changes in purchases made under their User ID each month in their credit card statement. Users shall make payments based upon their transaction summaries. Users shall pay any duty, tax, levy, or fee on their use of the Web Site should any authority impose such. User accounts may be terminated if any payment is not received by the date such payment is due. InventBay.com, Inc., in its sole discretion, may choose to impose a late fee in lieu of account cancellation. Such late fee will be equal to either one and a half percent (1.5%) interest on the payment due for each month the payment is not received, or the highest amount allowable by law, whichever is lower. Users shall reimburse InventBay.com, Inc. for all collection fees, including attorney's fees, incurred in InventBay.com, Inc.’s efforts to collect any unpaid balance on their accounts. Users are responsible for the selection of, use of and payment for any telecommunications, internet access, and other systems and services required to access to our web site. Users that receive an invoice from InventBay.com, Inc. that they believe is incorrect must contact InventBay.com Customer Support. - Listing Service and Transactions
InventBay.com, Inc. operates a listing service, where concept marketers, idea-people, inventors, businesspersons, and other individuals can publish content relating the generation of ideas for personal and commercial use. The following additional terms and conditions apply when using this service:
a. User Obligations
Users will (i) identify content they wish to submit or request as indicated on the content publication form, and (ii) provide InventBay.com, Inc. with complete contact information, including email addresses. InventBay.com, Inc. reserves the right to refuse publication to any material that it, in its sole discretion, deems offensive or inappropriate.
b. InventBay.com, Inc.’s Services
Content published on the Web Site shall be displayed in the search results of any search conducted through the Web Site’s search engine when the keywords provided within the content match in whole or in part the information sought in the search. Each time a User submits a content publication form, that form will be reviewed by InventBay.com, Inc. for possible inclusion in the newsletter.
c. Limitations
In providing the listing service, InventBay.com, Inc. and the Web Site act only as a venue to help gather independent parties in a common idea market. While InventBay.com, Inc. may offer other services related to a transaction, or referrals to intellectual property brokers, InventBay.com, Inc. has no role in any transaction between a User and any other party with which that User conducts business on the Web Site. InventBay.com, Inc. STRONGLY URGES ALL USERS TO OBTAIN INDEPENDENT BUSINESS AND LEGAL COUNSEL WHEN CONDUCTING TRANSACTIONS OVER THE WEB SITE FOR (1) THE SALE OR PURCHASE OF IDEAS OR INTELLECTUAL PROPERTY OR (2) THE PROVISION OR ACCEPTANCE OF PRODUCTS OR SERVICES. InventBay.com, Inc. DOES NOT OFFER OR PROVIDE BUSINESS OR LEGAL ADVICE AND NOTHING ON THE WEB SITE IS INTENDED TO PROVIDE SUCH ADVICE OR TO HAVE THE EFFECT OF BUSINESS OR LEGAL COUNSEL. InventBay.com, Inc. DISCLAIMS LIABILITY FOR ANY AND ALL DAMAGES YOU MIGHT INCUR AS A RESULT OF RELYING UPON INFORMATION PROVIDED ON THE WEB SITE TO MAKE BUSINESS OR LEGAL DECISIONS.
d. Term of Service
The User shall purchase the listing service each time the User submits content for publication. Publication will endure for the term of publication as provided in the publication submission form. Changes made by the User to the content submitted may cause the User to incur additional charges. Upon expiration of the term of publication the content shall no longer be published on the Web Site and shall no longer be found when conducting a search through the Web Site’s search engine. InventBay.com, Inc. reserves the right to cancel the service at any time; in such event, InventBay.com, Inc. shall refund to the User the pro-rata portion of any fees provided by the User in advance.
e. Representations and Warranties
The User represents and warrants that all content submitted for publication on the Web Site is free and clear from all claims of rights, legal or otherwise, by parties other than the User; such parties include but are not limited to other licensees or right holders, other parties the User may have a confidential relationship with, other parties the User may have signed a non-disclosure agreement with, or any other individual.
f. Publicity
InventBay.com, Inc. may use the names and the contact information provided by the User in publicizing the Web Site unless the User specifies to the contrary by opting out by sending an email through our contact form. InventBay.com, Inc. will comply with whatever usage guidelines are provided in this matter after such guidelines are received. - Release
InventBay.com, Inc. is not involved in and does not have control over the business practices of any parties who may access or link to the Web Site. Therefore, in the event any User has a dispute that involves the actions of any party other than InventBay.com, Inc., that User shall not make any claims or demands arising out of such disputes against InventBay.com, Inc. or its agents, officers, directors, employees, or subsidiaries. - Indemnification
The User agrees to defend, indemnify and hold harmless InventBay.com, Inc. and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by the User of any term or condition of this Agreement or (ii) the User’s engagement in any transactions on or use of the Web Site including, without limitation, any disputes between Users or any other party and any other claims arising out of or in any way connected with any transactions conducted on, or brought about by, the Web Site, related services, or newsletter. If any such action will be brought against any indemnified party, they shall notify the User in writing and the User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by the User. - Arbitration
InventBay.com, Inc. may choose to settle any controversy or claim arising out of or relating to this Agreement or any InventBay Web Site services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, TX, and judgment on the arbitration award may be entered into any court having jurisdiction. Either the User or InventBay.com, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, TX necessary to protect the rights or property of either party pending the completion of arbitration. - Termination
The User may terminate registration on the Web Site at any time by providing email notice to InventBay.com, Inc. at the customer service address provided on the Web Site. InventBay.com, Inc. reserves the right to terminate the User’s registration at any time for cause under this Agreement. All applicable provisions of this Agreement will survive termination of the User’s registration. Upon termination, the User will pay any outstanding fees to InventBay.com, Inc. in full within thirty (30) days and honor all outstanding transactions negotiated on or through of the Web Site. Fees paid up front for listings will not be refunded. If the User is a Standard user and has not logged onto the site at any time for over six months, InventBay.com, Inc. may terminate the User’s registration; in such event, InventBay.com, Inc. may disable the User’s User ID and terminate the User’s account. If this occurs and the User still wants access to Web Site content made available to registered Users, the User must contact InventBay Customer Support by (1)writing to InventBay.com, Inc.., Attn: Customer Support, 2700 Post Oak Blvd., Suite 2375, Houston, TX 77056, USA or (2)by emailing InventBay so that InventBay can decide whether or not to reactivate the account. In addition, if the User is a Standard user, the User will automatically receive newsletters and other communications from the Web Site. If the User prefers not to receive these communications, the User may, at any time, opt-out by (1) using embedded links, (2) changing the User’s preferences, or (3)canceling the User’s account at the User’s account management page, or (4) contacting us by email through our contact form or in writing at InventBay.com, Inc., Attn: Customer Support, 2700 Post Oak Blvd., Suite 2375, Houston, TX 77056, USA. - DISCLAIMER OF WARRANTIES
ACCESS TO THE WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." InventBay.com, Inc. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SITE OR ITS CONTENT, PRODUCTS OR SERVICES. THE USER ASSUMES ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. InventBay.com, Inc. IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. InventBay.com, Inc. HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS, OR EMAILS THAT ARE INITIATED DURING REGISTRATION, OR FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. InventBay.com, Inc. MAKES NO REPRESENTATION WITH REGARD TO ANY LEVEL OF CONTACT THAT THE USER CAN EXPECT OR WILL RECEIVE AS A RESULT OF ANY SUBMISSIONS. THE USER ACKNOWLEDGES AND AGREES THAT SUBSTANTIAL AMOUNTS OF THE CONTENT OF THE WEB SITE AND NEWSLETTER ARE PROVIDED BY THIRD PARTIES, AND InventBay.com, Inc. HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL InventBay.com, Inc. BE RESPONSIBLE FOR THE USER’S USE OF OR SUCCESS IN USING THE WEB SITE FOR PROMOTIONAL OR TRANSACTIONAL PURPOSES. - LIMITATION OF LIABILITY
InventBay.com, Inc. SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED BY OR ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICES OF OR ACCESS THE CONTENT AVAILABLE ON THE WEB SITE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF InventBay.com, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN PARAGRAPH 13, THE USER SHALL NOT BE LIABLE TO InventBay.com, Inc. FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS.
IN NO EVENT SHALL InventBay.com, Inc. BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY THE USER TO InventBay.com, Inc. UNDER THIS AGREEMENT. - General Compliance with Laws
The User agrees to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agrees not to use the Web Site to facilitate collusion or for any other conduct violating antitrust or other applicable laws. - Waivers and Remedies
Any waiver by InventBay.com, Inc. of the provisions of this Agreement or of InventBay.com, Inc.'s rights or remedies under this Agreement must be in writing to be effective. Any waiver in a particular instance will not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by InventBay.com, Inc. to enforce the provisions of this Agreement or InventBay.com, Inc.'s rights or remedies at any time will not be construed and will not be deemed to be a waiver of InventBay.com, Inc.'s rights under this Agreement and will not prejudice InventBay.com, Inc.'s right to take subsequent action. No exercise or enforcement of any right or remedy under this Agreement will preclude the enforcement of any other right or remedy under this Agreement or that InventBay.com, Inc. is entitled by law to enforce. - Notices
In addition to posting a notice on the Web Site, InventBay.com, Inc. may notify the User by email, by facsimile or by certified mail, postage prepaid and return receipt requested, to the addresses or facsimile number provided to InventBay.com, Inc. during the User’s registration process. In such case, notice shall be deemed given 1 day after being sent by email or facsimile or 3 days after the date of mailing. - Applicable Law and Jurisdiction
This Agreement shall be governed and interpreted pursuant to the laws of the State of Texas of the United States of America, notwithstanding any principles of conflicts of law. If the User takes legal action relating to this Agreement the state and/or federal courts located in the County of Harris of the State of Texas shall have the personal and exclusive jurisdiction of such action. If any part of this Agreement is deemed unlawful, void or unenforceable, that part will be deemed null and void and the remaining provisions herein shall be enforced to the extent that they are lawful. - AMENDMENTS AND MODIFICATIONS
InventBay.com, Inc. MAY, IN ITS SOLE DISCRETION, SUPPLEMENT, MODIFY OR DISCONTINUE ANY ASPECT OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, RESTRICTING THE TIMES OR MEANS OF ACCESS TO THE WEB SITE. InventBay.com, Inc. MAY ALSO, IN ITS SOLE DISCRETION, AT ANY TIME AND WITHOUT NOTICE:- MODIFY THIS AGREEMENT IN ANY MANNER,
- ADOPT ADDITIONAL TERMS OR CONDITIONS GOVERNING THE USER’S ACCESS AND USE OF THE WEB SITE, AND
- CHANGE THE TERMS AND CONDITIONS RELATED TO THE USER’S ACCESS TO AND USE OF THE WEB SITE.
- Third Party Beneficiaries
All Users are intended third party beneficiaries of this Agreement; all rights and benefits conferred by this Agreement shall extend to such Users and such Users are independently entitled to enforce its provisions. The User acknowledges that each other User is relying upon the representations made in this Agreement. Any duties, responsibilities, covenants, representations, disclaimers, or other provisions of this Agreement that effect all, any and each User shall have effect under this Agreement on you, the User. - Independent Contractors
The relationship of InventBay.com, Inc. with the User is that of an independent contractor and no agency, partnership, joint venture, employment, or other similar relationship is intended or created by the User’s acceptance of the terms of this Agreement or through the use of the Web Site. - Entire Agreement
This Agreement sets forth the entire understanding between InventBay.com, Inc. and the User with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between InventBay.com, Inc. and the User with respect to said subject matter. - Headings are Irrelevant
The headings used in this Agreement are for the convenience of reference only and do not affect the interpretation of this Agreement. - InventBay Customer Support
Questions or problems regarding use of the Web Site may be directed to InventBay Customer Support by writing to InventBay.com, Inc., Attn: Customer Support, 2700 Post Oak Blvd., Suite 2375, Houston, TX 77056, USA, or using our contact form. The User agrees that InventBay.com, Inc. may keep records of the conversations that InventBay.com, Inc. employees have with the User in order to monitor the quality of InventBay service and to ensure quality performance. However, customer service employees of InventBay.com, Inc. are not authorized to waive any provision of this Agreement.
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User Agreement