These Terms of Use (the “Terms”) govern your use of the Accept Ideas website and community and any other features, content, services or applications offered on or through the site from time to time (“Accept Ideas”). By using and accessing Accept Ideas, you agree to comply with and be bound by these Terms.
Any violation of these Terms may result in the suspension or termination of your ability to use the Accept Ideas site or otherwise participate in the Accept Ideas community.
We urge you to read these Terms in their entirety to gain a more complete understanding of the details of the use policies, limitations and risks. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE ACCEPT IDEAS IN ANY MANNER. If you are using the site on behalf of your employer, you represent that you are authorized to accept these Terms of you on your employer’s behalf.
Accept Software Corporation (“Accept Software,” “we,” or “us”) reserves the right to modify these Terms at any time, effective upon the posting of modified Terms. Your continued use of the site constitutes your acceptance of such modified Terms.
In order to become a registered member of the Accept Ideas community, you must create an account. If you create an account, you agree to provide true, accurate and complete information to us and to update such data as necessary. If we have reasonable grounds to suspect that your information is inaccurate we may suspend or terminate your account and prohibit you from any use of the site. You agree not to use any user name that is obscene, defamatory, or derogatory. If we issue you a password, you will not share it with others. You agree to notify Accept Software immediately of any unauthorized use of your user name and/or password and any other suspected breach of security regarding the website. You are responsible for changing your password if you believe that it has been stolen or might otherwise be misused. We shall not be liable for any loss or damage arising from the unauthorized use of your user name and/or password.
We comply with the Children’s Online Privacy Protection Act of 1998. Accept Software does not knowingly accept registration or data from users who are under 13 years of age. You represent that by using this site, you are at least 13 years old.
As a member, you may submit content to Accept Ideas while using the services offered by the website. You are solely responsible for any feature information, idea or other submission that you upload, publish, display, or link to on or through the website, or transmit to or share with Accept Software or other users (“Ideas”). We have no ability to control Ideas posted on the website, but we reserve the right to modify or remove, at our discretion, any Ideas posted by you to the website. By posting Ideas to any part of the website you represent and warrant that you have obtained the necessary rights to post such Ideas and such posting does not infringe any third party’s rights. Please make sure that you only provide information that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by every User of ACCEPT IDEAS
By submitting your Ideas, you acknowledge and agree that Accept Software is under no obligation of confidentiality, express or implied, with respect to the Ideas and has no obligation to return anything submitted, respond to, or confirm receipt of your Ideas. You warrant that no other person or corporation has a property interest in the submitted Ideas. You understand and acknowledge that Accept Software may itself be developing and creating similar Ideas, and/or that Accept Software may have received or may someday receive similar Ideas from others, and that existing or planned products and services independently developed without use of your Idea may contain Ideas or concepts similar or identical to those you submit. You understand and agree that your submission of your Ideas does not create any obligation for Accept Software to implement or incorporate them in future products or releases or otherwise take any other action based on your submitted Ideas. By submitting ideas, you hereby irrevocably assign, transfer, and convey all title and ownership of the Ideas, including any and all intellectual property rights arising therefrom, to Accept Software, and Accept Software shall be entitled to the unrestricted use and dissemination of the Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand and agree that the full and complete consideration for your submission is Accept Software undertaking to consider your Ideas for possible future use, incorporation, and/or implementation in products.
As used in this section, "you" or "your" shall include the company or other entity with which you are employed or otherwise affiliated, to the extent such entity owns or otherwise has rights in the Ideas you are submitting for posting. You represent that you are authorized by your company to submit your Ideas for posting.
Accept Ideas allows users to post comments about other user’s Ideas. In order for comments to be useful to other users, they must be made in good faith after reasonable evaluation of the full idea. Accordingly:
Accept Software does not monitor the Ideas posted on the Accept Ideas site, but Accept Software reserves the right, in its sole discretion and for any reason at any time, to remove or edit any comments on Accept Ideas.
You may not post content that:
Posting of hypertext links to third-party sites is discouraged, unless relevant to the idea (for example, a link to an example or related idea). You use all such links to third-party websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave the Accept Ideas site, our terms and policies no longer govern.
It is our policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Accept Ideas in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) an identification of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Accept Ideas; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Accept Software, the Accept logo, poweredby logo, Accept Ideas and other marks of Accept Software used on the Accept Ideas site are owned by Accept Software and may not be used in any manner without Accept Software's express prior written consent.
You acknowledge that all intellectual property rights in the Accept Ideas site (including Ideas posted by you or other users) are owned by Accept Software or Accept Software’s licensors. The site contains content provided by us and our licensors (“Accept Content”). We and our licensors own and retain all proprietary rights in the Accept Content and we own and retain all property rights in Accept Ideas. Provided you are a user, and subject to the terms and conditions of these Terms, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Accept Content from Accept Ideas solely for your personal use in connection with using Accept Ideas. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Accept Content in whole or in part without the express authorization of Accept Software. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of Accept Software or any third party.
Accept Software does not pre-screen, verify, or moderate the content of Ideas posted by users in the Accept Ideas community, however we reserve the right to edit or remove such Ideas from time to time in our sole discretion. Accept Software and its agents have the right (but not the obligation) to investigate any violation of these Terms and to take appropriate remedial action. Accept Software has absolute discretion (but not the obligation) to enforce these Terms, including, but not limited to, warning users about violations, taking legal action, reporting users to law enforcement authorities, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms or which is otherwise inappropriate, harmful, objectionable or inaccurate.
Accept Software may release information concerning your use of the Accept Ideas community (including posted content, registration information, and network records) when it believes release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect Accept Software's rights or property; to protect against fraudulent, abusive or unlawful use of the Accept Ideas site; or if Accept Software reasonably believes that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.
You agree to use the site in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use the Accept Ideas site violates these Terms, constitutes an unlawful trespass to Accept Software's equipment and systems, and may result in legal action.
Much of the content posted on the Accept Ideas site is provided by our users or other third parties (“Third-Party Content”). All Third-Party Content is the sole responsibility of the originator of that content. Accept Software is not responsible for any Third-Party Content, whether or not it reviewed or moderated such content. Your use or reliance on such Third-Party Content is at your own risk.
We are not responsible for the conduct, whether online or offline, of any user. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Accept Ideas. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of Accept Ideas or from any Ideas or Third-Party Content posted on the site or transmitted to users, or any interactions between users, whether online or offline.
You agree to indemnify and hold Accept Software and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party arising out of Ideas you submit to or post on the Accept Ideas site, your use of the Accept Ideas site, your violation of these Terms, or your violation of any rights of a third party.
Accept Ideas and all Accept Content is provided to you “AS-IS” and as available. You agree that you bear all risks associated with using or relying upon ideas and content on the Accept Ideas site. Accept Software does not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any ideas or content on the Accept Ideas site, regardless of who originated that content (including Accept Software employees, partners, affiliates or moderators), and hereby disclaims all express and implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, relating to such ideas or content. Accept Software shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any ideas or content on the Accept Ideas site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of Accept Ideas (for any cause whatsoever and regardless of the form of the action), will at all times be limited to fifty U.S. dollars ($50USD).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Accept Software. You may not assign your rights or obligations under these Terms, whether by operation of law or otherwise, without Accept Software's prior written consent.
These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts located within Alameda County and the federal courts in the Northern District of California. Any claim or dispute in connection with these Terms shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
These Terms constitute the entire agreement between you and Accept Software, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Our failure to exercise or enforce any provision of these Terms shall not operate as a waiver of such right or provision.
If you have questions or comments about these Terms or the Accept Ideas site in general, please refer to the FAQ or contact Accept Software at support@acceptsoftware.com.
Copyright 2008 Accept Software, inc. All rights reserved. Effective October 31st, 2008
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