Terms and Conditions

Welcome to IdeadY®, owned and operated by Ideady.com.

By using the IdeadY® service (the "Service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries. The Terms of Service, and the privacy policy can be consulted in English and Italian. The use should print a copy of the Terms of Service for a better information.

1. Description of Service

The Service contains the entire archive of IdeadY® ideas since 2009. In addition to providing the IdeadY® ideas archive, the Service enables you to create and maintain your own ideas. An "Idea" consists of the insertion, operated by the user, of personal content in our site, which will be shown to other users with the right attribution of the author and giving the possibility to archive, share and develop the ideas.

Each idea is shown with its author and the respective share like index. The user, clicking on the author, can view all his published ideas.

The restricted area is accessible prior to the immission in a dedicated form of username and password. This area enables the user to insert new ideas, to save the ideas he finds interesting, constructinf a list of bookmarks. The contents published by each user are stored in IdeadY® archive and they are browsable and searchable.

Unless explicitly stated otherwise, the Service may be modified or terminated at any time by IdeadY® for any reason, without liability to you, any other user of the Service or any third party. In case of service termination IdeadY® will give you notice by email with a reasonable advance. Any new features that augment or enhance the current Service shall be subject to the Terms of Service.

2. Changes to Terms of Service

The Terms of Service of this service are subject to update by IdeadY® at any time with or without notice, and you can review the most current version of it online at any time at

http://www.ideady.com

3. Registration

When you register for IdeadY®, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

At this time IdeadY® is only available to users who are at least 13 years old. If you are under 13, you may not register to use the IdeadY® service.

4. Use of Materials

The content within the Service is protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by IdeadY® as well as content owned or controlled by third parties and licensed to IdeadY® (collectively, the "Materials").

IdeadY® authorizes the user to view and download a single copy of the Materials solely for personal, non-commercial use. The user may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of IdeadY®. Special rules may apply to the use of certain software and other items provided via the Services, and are noted where appropriate.

If you would like information about obtaining IdeadY®'s permission to use any of the Materials on your Web site, please send an e-mail to support@ideady.com.

5. Content

Your Responsibilities. You understand that all data, text, information, links and other content (collectively, "Content"), whether posted in public or restricted groups, is the sole responsibility of the person from which such Content originated. This means that you, and not IdeadY®, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IdeadY® be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Users' Rights and Responsibilities. Ideaders (the registered users who are inserting ideas) can, at any time, transfer the copyright for an owned idea to another user. L’utente ideatore può, in qualsiasi momento, trasferire la titolarità di un’idea da egli caricata e di cui è il proprietario ad un altro utente di IdeadY®. In relation to Content, the ideader is responsible for managing and monitoring of his posted content, included the idea deletion, the deletion of Content or Archived Content in anytime and following his personal will.

Ideaders Must Mark Sexually Explicit Content. If you create an idea containing sexually explicit Content that is not suitable for minors, you agree to mark the idea as such. If your idea contains Content that is sexually explicit and you do not mark it appropriately, IdeadY® shall have the right to delete that idea, including all messages in the site pointing to that idea.

IdeadY®'s Rights. You acknowledge that IdeadY® does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If IdeadY® discovers Content that does not appear to conform to the Terms of Service, IdeadY® may investigate and determine in good faith and in its sole discretion whether to remove the Content. IdeadY® will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that certain idea available through the Service are available only through the Service and others are available both through the Service and other sources, such as Usenet, over which IdeadY® has absolutely no control.

Content Removal and Archiving. If you are not the Owner of an idea, you may (1) request removal of a message that you have Posted yourself or (2) prevent archival of your message. You agree to resolve directly and exclusively with third parties any disputes you may have about messages that they posted or you may contact the idea Owner to request a removal. In this regard, you understand that IdeadY® does not monitor or control the content of information Posted by others, and instead simply provides a service by allowing users to access information that has been made available.

6. Appropriate Conduct

You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the particular idea. By way of example, and not as a limitation, you agree that when using the Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
• post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
• post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the idea owner.
• download any file Posted by another user of an idea that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
• restrict or inhibit any other user from using and enjoying the Service;
• use the Service for any illegal or unauthorized purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by IdeadY®;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

While IdeadY® prohibits such conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.

IdeadY® replies to messages regarding inappropriate conduct in conformance to his communication and abuse-reporting procedures,

The user must communicate to IdeadY® any illegal, offensive, harassing, defaming or obscene conduct using the apposite form at

http://www.ideady.com

7. Proprietary Rights

IdeadY®'s Rights

IdeadY® and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by IdeadY®, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of IdeadY®'s proprietary information. "IdeadY®" and the "IdeadY®" logo are trademarks of IdeadY®.

User's Rights

IdeadY® claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Service, you grant IdeadY® a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or any other IdeadY® Services. This license terminates when such Content is deleted from the Service. IdeadY® reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Service and use that Content in connection with other services offered by IdeadY®.

Communication and report procedures

IdeadY® replies to messages regarding inappropriate conduct in conformance to his communication and abuse-reporting procedures.

For informations about the claim procedures please contact support@ideady.com

8. General Practices Regarding Use and Storage

You agree that IdeadY® has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Service. You acknowledge that IdeadY® has set no fixed upper limit on the number of transmissions you may send or receive through the Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

9. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IdeadY® has no control over such sites and resources, you acknowledge and agree that IdeadY® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that IdeadY® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.

10. Advertisements

IdeadY® service is supported by ideas. As such, we display advertisements and promotions on the Service. The manner, mode and extent of advertising by IdeadY® on the Service are subject to change. You agree that IdeadY® shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.

11. User Privacy

As a condition of using the Service, you agree to the terms of the IdeadY® Groups Privacy Policy, as it may be changed from time to time. IdeadY® will provide you notice of any significant changes by placing a link on the IdeadY® Groups home page or by email. You understand and agree that IdeadY® may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of IdeadY® , its affiliates or the public. Personal information collected by IdeadY® may be stored and processed in the United States or any other country in which IdeadY® or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

For a full description of how IdeadY® maintains the personal information you provide, please see our Privacy Policy.

12. Disclaimer of Warranties

IdeadY® and its affiliates, licensors, partners, suppliers, consultants and agents ("IdeadY® Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. The IdeadY® Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.

13. Hold Harmless and Indemnity

You agree to hold harmless and indemnify IdeadY® from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, IdeadY® provide you with written notice of such claim, suit or action.

14. Limitation of Liability

Under no circumstances will IdeadY® be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service, whether or not IdeadY® has been advised of the possibility of such damages. Such limitation of liability shall apply (I) whether the damages arise from use or misuse of and reliance on the service, from inability to use the service, or from the interruption, suspension, or termination of the service (including such damages incurred by third parties), and (II) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Under no circumstances will IdeadY® be liable to you for any amount exceeding four hundres EUROS (E400.00).

15. Term and Termination

These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by contacting customer support support@ideady.com . IdeadY® may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.

16. Notices

IdeadY® may provide you with notices regarding the Service or these Terms of Service by email or postings to this Web site.

17. Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall IdeadY® be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and IdeadY® with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.