The following describes the terms applicable to the use of the Innovativecustomer.com website (the "Site"). Your use of the Site forms a legally binding contract with Innovative Customer. ("Innovative Customer" or "us") based on these Terms of Use. If you have registered as a user, you will be bound to these Terms of Use as well as additional terms in any applicable additional Agreement issued by a buying user or Challenge-Specific Agreement. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use InnovativeCustomer.com and its services. Innovative Customer may revise these Terms of Use at any time by posting an updated version to this Web page.
You agree that you will use the Site and our services only for lawful purposes and in a lawful manner. While using the Site and our services, you agree that you will not:
Much of the information on the Site is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any project or transaction, prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.
Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a member of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone.
To be eligible to solve Innovative Customer’s Challenges and access detailed information, you must register as a user and agree to the additional terms and conditions set forth in the Challenge-Specific Agreement that may be applicable to individual Innovative Customer Challenges. You may cancel your registration at any time by contacting Innovative Customer. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another user. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify Innovative Customer of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).
Innovative Customer does not guarantee the accuracy of the Site or ownership of any information in an Innovative Customer’s Challenge Statement or the availability of any Award, unless otherwise stated in an Innovative Customer Challenge Statement. While Innovative Customer believes such information to be posted in good faith, Innovative Customer does not control the information provided by others that is made available through the Site. Other user's information may be inaccurate. You agree to look solely to the buying user for any claims you may have regarding their information. If you have a dispute with another user of the Services, you hereby release Innovative Customer from all claims of any kind arising out of such dispute.
Any information you provide to Innovative Customer or other users during your registration or use of the Services, in any public message area, through any mail feature, or otherwise generated out of your use of the Services, is subject to the following:
a. Your Content. You are solely responsible for the content of your information, postings, or Proposed Solutions. Innovative Customer acts merely as a conduit for the distribution and/or publication of that information. Innovative Customer reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if Innovative Customer believes information is inappropriate for the Site or the Services, may create liability for Innovative Customer, or may cause Innovative Customer to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge:
b. Privacy. Innovative Customer will only use your information in accordance with its Privacy Policy as posted on the Site.
(a) Innovative Customer Provides a Venue
The Site is an online venue where buying users post projects for services or products, selling users submit actual works in response to the buyer’s requirements, and buyers choose the entry(s) they like.
(b) Contracts between Buying users and Selling users
By registering as a member, you acknowledge and agree that you contract directly with other members to buy or sell services. When a buying user posts a project, the buyer can select whether to use their own contract or no contract to complete a transaction with a selling user (“Buyer Contract”). Selling users can preview the terms in the buyer’s contract prior to making entries to a project. Selling users are not required to participate in the project posted by the buyer. By submitting items to a project, selling users agree that if their entry is selected, they will be entering into a binding agreement with that buyer, pursuant to the terms of the buyer’s contract.
When a buyer selects a winning selling user, the buyer agrees to purchase, and the selling user agrees to deliver, the services in accordance with the terms of the Buyer Contract and this Agreement. The buyer agrees to select the winning proposal within two (2) months after the project ends.
Additionally, you agree that when you are a buyer in a project, you will not be allowed to update or change a winning material after the dead line of the challenge. You agree not to enter into any contractual provisions in conflict with this Agreement. You further agree that any provision in a Buyer Contract that conflicts with this Agreement is void.
You covenant and agree to act in good faith and engage in fair dealing in connection with the Buyer Contract. Additionally, you acknowledge and agree that the value, reputation, and goodwill of Innovative Customer depends in part on your performance of your covenants and agreements. You further agree that we have the right to take such actions, including without limitation suspension, termination, removal of challenge contribution, or legal actions, as we in our sole discretion deem necessary to protect the value, reputation, and goodwill of Innovative Customer.
(c) No Agency
No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.
(d) Links To Third Party Content
You may find on the Site links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
(e) User entries. You shall be solely responsible for your own entries and all content you post on the Site, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Site, you affirm, represent and/or warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Site and in this Agreement.
(e) User entries.
You shall be solely responsible for your own entries and all content you post on the Site, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Site, you affirm, represent and/or warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Site and in this Agreement.
There is no cost to becoming a member on the Site or in browsing most of the Site. We charge fees to buyers who use our services. When you post a challenge as a buyer or use a service that has a fee associated with it, you will have always have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotions or for new services. You agree to pay in a timely manner and with a valid payment method, all fees applicable to your use of the services. If your payment method fails, we may collect fees owed using other collection mechanisms.
Payment of Awards will be handled by the buying user submitting the challenge. Innovative Customer takes no responsibility for the accuracy of the payment from a buying user neither any tax reporting for buyers or sellers, but will always help to serve all parties to find the best solution. The decision as to qualifying criteria and conditions and whether to accept a Proposed Solution is entirely within the discretion of the buying user.
Innovative Customer has no control over, and is not responsible for the acts or omissions of buying users, or the quality or legality of the Proposed Solutions sought thereby. Innovative Customer does not warrant or guarantee the accuracy or completeness of any Innovative Customer Challenge Statement, nor endorse any buying user.
INNOVATIVE CUSTOMER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL INNOVATIVE CUSTOMER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES REGARDLESS OF THE CAUSE.
You agree that you will be responsible for, and at Innovative Customer’s request defend Innovative Customer from, third party claims arising out of information you provide to Innovative Customer for publication or any breach by you of this agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
If you have a dispute with another Member, you release Innovative Customer (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.
This Site is controlled and offered by us from facilities in Sweden. We make no representations that the Site is appropriate or available for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so as their own choice and are solely responsible to comply with local law.
PLEASE NOTE THAT UNDERTAKING WORK RELATED TO INNOVATIVE CUSTOMER CHALLENGE STATEMENTS POSTED ON THE SERVICE MAY REQUIRE THE USE OR SYNTHESIS OF BIOLOGICS OR CHEMICALS THAT COULD BE BACTERIALLY MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERTAKE THE CREATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK.
You agree that you will not disclose to Innovative Customer or its affiliates, or to any Seeker, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the buyer related to any Innovative Customer Challenge, unless you are specifically working on a challenge to which specific challenge contract, if any, you have agreed to . All information in the challenge details shall be deemed "confidential information" for purposes of this Section. Should your participation in the Service be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section, you agree to defend, indemnify and hold harmless Innovative Customer and buyers, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.
(a) Content License and Access
When you submit content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Site, in any media known now or in the future.
Subject to and conditioned on compliance with this Agreement, we grant you a limited license to access and to use the Site for the purpose of buying and selling the services offered by selling users.
You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on InnovativeCustomer.com in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law.
The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.
(b) Reservation of Rights; Limited Licenses
We and our licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Innovative Customer logo and name are trademarks of Innovative Customer, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on InnovativeCustomer.com may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
(c) Abuse of Intellectual Property Rights
Please report problems, offensive or infringing content, and policy violations to us. We want to make sure that the content on the Site does not infringe upon the copyright, trademark or other rights of third parties.
This Agreement shall be interpreted in accordance with the laws of Sweden. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Innovative Customer and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Innovative Customer with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
