TERMS OF USE
1. BINDING EFFECT. This is a binding agreement. By using any of the Internet sites identified at the end of this paragraph (the “Site,” individually or collectively), or any services provided in connection with the Site (the “Service”), the user (“You”) agrees to abide by these Terms of Use, as they may be amended by Global Finds, LLC dba Ipowerideas.com (“Company”) from time to time in its sole discretion. It is Your responsibility to review these Terms of Use periodically, and if at any time You find these Terms of Use unacceptable, You must immediately leave the Site and cease all use of the Service and Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU WILL ABIDE BY THE TERMS HEREOF. The Internet sites to which these Terms of Use apply (i.e. the “Site”) are:
www.ipowerideas.com
www.ipoweridea.com
2. ACCOUNTS; USERNAMES; PASSWORDS. When You are required to open an account to use or access the Site or Service, You must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You may not use the account, username, or password of someone else at any time. You agree to exercise reasonable care to keep Your password confidential. You agree to notify Company immediately of any unauthorized use of Your account, username, or password. Company shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of Your account or password.
You agree to promptly update Your account and other information, including Your email address.
You may not transfer or sell Your account and/or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
3. LEGAL COMPLIANCE; TAXES. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and Service and, if applicable, Your listing, purchase, solicitation of offers to purchase, and sale of any items through the Site or Service. In addition, You shall be responsible for paying any and all applicable taxes associated with Your use of the Site or Service, including any purchase or sale of items You make on the Site or Service (excluding any taxes on Company’s net income).
4. USER CONTENT. You grant Company a license to use any materials You post to the Site. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information, images, user feedback, user reviews, user comments, or any other content (“User Content”) to the Site, You are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to use such User Content in connection with the operation of the Site or Service, and in connection with any other business of Company or its affiliates, including without limitation, a license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose Your name in connection with any User Content You provide. By posting User Content on the Site, You warrant and represent that You own the rights to such User Content or are otherwise authorized to post, distribute, display, perform, and transmit it, and to license its use to Company as set forth in this paragraph.
5. IDEA SUBMISSIONS. Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by You via the Site or otherwise (other than the User Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Company shall not be liable for the disclosure or use of such Material. If, at Company’s request, You send Material to improve the Site (for example, through the Forums or to customer support), Company will also consider that Material to be non-confidential and non-proprietary and Company will not be liable for use or disclosure of the Material. Any communication by You to Company, Site or Service is subject to this Agreement. You hereby grant and agree to grant Company, under all of Your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Application Programming Interface (API), documentation, or any product or service, without compensation or accounting to You and without further recourse by You.
6. OUTSIDE RESOURCES; AFFILIATED SITES: Third party websites and resources may be linked to or referenced on the Site. You agree that Company 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 the use of or reliance on any content, goods, services, advertising, or other materials available on or through any such third-party websites or resources. You acknowledge and agree that Company makes no guarantees about, does not endorse, and assumes no responsibility for the currency, authenticity, legitimacy, accuracy, quality or substance of any third party content, goods, services, advertising, or other materials, and that, unless expressly provided otherwise, these Terms of Use shall govern Your use of any and all third party websites and resources with respect to Company. Neither Company nor Site has control over the content, performance, or availability of these sites and resources, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Service is at all times governed by and subject to laws regarding copyright ownership and other use of intellectual property. You hereby provide to Company a warranty of non-infringement under said laws. You agree not to upload, download, copy, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright and other use of intellectual property, and You shall be solely responsible for, and shall indemnify, defend, and hold Company harmless against liability for any violations of any relevant laws and for any infringements of third party rights caused by any User Content You provide or transmit, or that is provided or transmitted using Your username. The burden of proving that any User Content does not violate any laws or third party rights rests solely with You.
8. INAPPROPRIATE USER CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises, or otherwise solicits funds, or is a solicitation of goods or services, product ratings, or testimonials. You agree that any User Content You post to the Site will be true and correct. Company reserves the right to terminate Your receipt, transmission, or other distribution of any such User Content, and, if applicable, to delete any such User Content from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
9. COPYRIGHT INFRINGEMENT. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated, You may request that Company delete, edit, or disable the User Content in question, which Company may do at its sole discretion. To make such a request, You must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and if available, an e-mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, it must be delivered to:
I Power Ideas
Email: help @ globalfinds . com
If You have any general questions or concerns about a copyright infringement issue, including notification procedures, please email us at help@globalfinds.com.
10. PRIVACY POLICY. Company respects Your privacy. Your personal information, such as Your name, address, e-mail address, purchasing history, selling history, navigation and clickstream data, etc., will never be sold to any other person or entity. However, such information may, from time to time, be provided free of charge to persons or entities that are affiliated with Company, the Service, or the Site, including but not limited to Company’s staff and agents, and any third parties involved in the completion of Your transaction, the delivery of Your order, and the analysis and support of Your use of the Site and Service. In addition, Company may disclose Your information if necessary to protect its own legal rights, or if the information relates to actual or threatened harmful conduct, or if Company has a good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on Company, or (2) to protect and defend the property or rights of Company, the users of the Site or Service, or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk protection. Notwithstanding the foregoing, if Company should ever merge with another entity or file for bankruptcy, Company may, in the course of such merger or bankruptcy proceedings, sell the personal information You provide via the Site or Service, or otherwise provide such personal information to a third party, including any entity that Company merges with.
11. NO WARRANTIES; NO GUARANTEES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND GUARANTEES. COMPANY IS MAKING THE SITE AND SERVICE AND ALL PRODUCTS SOLD ON THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE OR ANY PRODUCT SOLD ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY PRODUCT SOLD ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE OR ANY PRODUCT SOLD ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Without limitation, Company expressly and specifically provides no warranties or guarantees regarding the currency, authenticity, legitimacy, or accuracy of product descriptions or images placed on the Site by Sellers.
12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS, CONTENT, MATERIALS OR SERVICE PROVIDED OR SOLD TO YOU BY COMPANY. You hereby acknowledge that this paragraph shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Without limitation, Company expressly and fully disclaims liability for any losses resulting from misrepresentative or out-of-date product information, product descriptions or product images on the Site; You rely on such product information, descriptions and images at Your own risk. You hereby acknowledge that this paragraph shall apply to all content, products and services available or sold through the Site or Service.
13. PROHIBITED USES. Company imposes certain restrictions on Your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation: (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to prove, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject You to civil and/or criminal liability.
14. ACCESS AND INTERFERENCE. Site or Service may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Site or Service is updated on a real-time basis and is proprietary or is licensed to Site by Site’s users or third parties. You agree that You will not use any robot, spider, scraper or other automated means to access Site or Service for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Site’s Terms of Use.
15. TERMINATION OF USAGE. Company reserves the right to terminate Your access or suspend Your right to access to all or part of the Site or Service, without notice, at Company’s sole discretion, for any reason, including but not limited to conduct that Company believes is in violation of any applicable law or is harmful to the interests of another user, the Company, or a Company-affiliated person or entity.
16. INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site, Your use of any products sold on the Site, Your violation of these Terms of Use, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any such person or entity. Company will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost.
17. COPYRIGHT. All contents of the Site and Service are: Copyright © 2014-2018 Global Finds, LLC. All rights reserved. None of the materials provided through the Site or Service may be duplicated, redistributed or manipulated in any form without the express written permission of Company.
18. TRADEMARKS. “I POWER IDEAS”, “I POWER IDEA”, IPOWERIDEAS.COM, IPOWERIDEA.COM, GLOBAL FINDS LLC, and other marks indicated on the Site are trademarks or service marks of Company in the United States and other countries. Graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Company. Company’s trademarks and trade dress may not be used in connection with any product or service that is not offered or operated by Company in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company, the Site, or the Service. All other trademarks not owned by Company that appear on the Site or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the products, information or services to which You have been given access are available or appropriate for use in other locations. Your use of or access to the Site shall not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. GOVERNING LAW; JURISDICTION AND VENUE. Any legal action or dispute arising under these Terms of Use, or arising out of or related to any use of the Site, Service, or any product sold or offered for sale on the Site, shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. You agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract, and further agree and consent that the venue of any action brought hereunder shall be exclusively in the County of Placer, California.
22. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or the Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. By continuing to use or access the Site following the posting of any revision, You agree that You shall abide by any such revision.
23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.