FAQ

 

 

IDEA-BAY TERMS OF USE

 

 

 

 

 

 

CONTENTS

I.      INTRODUCTION.. 2

II.     DEFINITIONS.. 2

III.    USER REGISTRATION.. 3

IV.     USING IDEA-BAY.. 5

V.      PROTECTION OF IDEAS AND MATERIALS POSTED ON IDEA-BAY.. 6

VI.     STARTING COOPERATION.. 7

VII.      OPERATOR’S LIABILITY.. 9

VIII.   OPERATOR’S FEES.. 10

IX.      PERSONAL DATA.. 11

X.       COMPLAINTS.. 11

XI.     TERMINATION OF IDEA-BAY MEMBERSHIP.. 12

XII.    AMENDMENTS.. 12

XIII.   GOVERNING LAW... 13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I.       INTRODUCTION

Welcome to the IDEA-BAY online platform! By using the services offered on IDEA-BAY, the USER agrees to follow the terms specified in these TERMS OF USE.

IDEA-BAY is an online platform which allows all registered USERS to share their IDEAS. The USERS have an opportunity to share their innovative business solutions as their authors. One of the main purposes of IDEA-BAY is to link IDEA SUBMITTERS with potential INVESTORS interested in cooperation with the IDEA SUBMITTER without any territorial restrictions. Each USER interested in joining IDEA- BAY shall carefully read the TERMS OF USE, in particular the terms regarding the protection of intellectual property rights and liability for non-compliance with the TERMS OF USE.

 

II.     DEFINITIONS

OPERATOR

Krzysztof Rutkowski running business activity under business name Krzysztof Rutkowski Idea-Bay with the address: Aleja Rzeczypospolitej 33 m. 30, 02-972 Warszawa, tax identification number (NIP) 5423102621, e-mail: Krzysztof.rutkowski@ideabayonline.com

 

IDEA-BAY

An online platform maintained by the OPERATOR on which the IDEA SUBMITTERS can share their IDEAS and the INVESTORS interested in the IDEAS may enter into cooperation with them through a CONTACT FUNCTION established for this purpose. IDEA-BAY can be found at www.ideabayonline.com.

 

IDEA

IDEA is considered as one of a kind, unique creative activity of the USER displayed as a materialized idea, concept or thought in the form of a work, invention, trademark, utility model, industrial design, document, program or any work expressed verbally, visually, by sound or graphics, subject to intellectual property protection or not, so that such IDEA can help generate profit as part of business activity.

 

USER

An entity using the services provided by the OPERATOR via IDEA-BAY.

 

IDEA SUBMITTER

A USER sharing their IDEA on IDEA-BAY on the terms specified in the TERMS OF USE.

 

INVESTOR

A USER that takes action to start cooperation with the IDEA SUBMITTER.

 

ACCOUNT

A set of resources where the USER’s data is collected, including information about the IDEAS shared, designated with individual name (login) and password.

 

STANDARD ACCOUNT

An account that allows USERS to post IDEAS and read brief descriptions of IDEAS of other USERS available on IDEA-BAY, as well as to view individual ideas after paying activation fee (single view: EUR 5, 10-view subscription: EUR 39)

 

PREMIUM ACCOUNT

An account that grants USERS full access to the IDEA-BAY database with IDEAS of other USERS (subscription fee: 10-view subscription: EUR 39; EUR 49 Monthly or EUR 549 Yearly).

 

RESERVE IDEA

A procedure through which the IDEA SUBMITTER establishes cooperation with the INVESTOR via IDEA-BAY on the terms specified in the TERMS OF USE.

 

PERSONAL DATA

Data provided by the USERS at the registration, processed by the OPERATOR in order to provide IDEA-BAY services.

 

TERMS OF USE

IDEA-BAY Terms of Use.

 

III.   USER REGISTRATION

1.     USERS may be persons aged over 18 who have full legal capacity, legal persons and non-corporate bodies who can acquire rights and assume obligations in their own name (including foreign entities). IDEA SUBMITTERS may also be persons aged over 16 and under 18 who additionally declare that they have obtained consent of the legal guardian to register in IDEA-BAY.

2.     In order to use IDEA-BAY, you must register at www.ideabayonline.com and accept these TERMS OF USE.

3.     The USER registering on IDEA-BAY must complete a registration form and provide data required for Registration, that is:

        • Consumers – are required to provide full name and email address;

        • Business entities – are required to provide full name and email address. When purchasing subscription additional information may be required such as: business name, full name of the person using the platform, business address with country name and, email address of the person using IDEA-BAY, company phone number and tax identification number. Furthermore, to prove business information the business entity should (optional) upload any additional information (Utility Bill, Tax Number or Bank Statement).

4.     When the ACCOUNT is established, confirmation of the Registration will be sent to the email address provided by the USER. The agreement for provision of services by electronic means between the USER and OPERATOR is executed when the Registration is confirmed. The subject of the agreement is provision of services by the OPERATOR as part of IDEA-BAY on the terms specified in the Terms of Use.

5.     By accepting the TERMS OF USE, the USER agrees for their PERSONAL DATA to be processed by the OPERATOR in order to properly provide the services specified on IDEA-BAY.

6.     When registering on IDEA-BAY, the USER may choose STANDARD ACCOUNT or PREMIUM ACCOUNT. When choosing PREMIUM ACCOUNT, the USER shall pay the subscription fee in the amount of EUR 49 per month or EUR 549 per year, on the terms specified in Chapter VIII of the TERMS OF USE.

7.     The USER may update their data by making changes in the ACCOUNT settings. After Registration, the USER cannot change the login established during Registration. At any time, the USER may change the ACCOUNT type, but switching from STANDARD ACCOUNT to PREMIUM ACCOUNT requires payment of the subscription fee as specified in Section 5 above. Switching from PREMIUM ACCOUNT to STANDARD ACCOUNT means that the subscription fee is no longer required as of the next month.

8.     Each ACCOUNT has to be assigned to an email address which cannot be repeated.

9.     The USER can log into IDEA-BAY directly at www.ideabayonline.com by entering their login and password or through Facebook or Linkedin.

10.  Within 30 days of execution of the agreement referred to in Section 4, the STANDARD ACCOUNT USER may withdraw from the agreement without giving any reason. The principles for exercising the right to withdraw from the agreement, including specimen withdrawal form that can be used by the USER, are specified in Appendix 1 of the TERMS OF USE. The right to withdraw from the agreement cannot be exercised by a USER of the STANDARD ACCOUNT who has performed any transaction on IDEA-BAY, including, but not limited to: sharing an IDEA, offering to purchase an IDEA of another USER.

11.  The USER can have only one ACCOUNT.

12.  The USER shall keep the ACCOUNT password secret so that it is not disclosed to any third parties.

13.  The OPERATOR reserves the right to temporarily block an ACCOUNT or access to selected services provided by IDEA-BAY if the OPERATOR determines that the security of the ACCOUNT or functioning of IDEA-BAY is at risk. 

14.  Using the ACCOUNT to the detriment of other USERS is strictly forbidden.

 

IV.   USING IDEA-BAY

1.     After setting up the ACCOUNT, the USER may use all the functionalities of IDEA-BAY through the ACCOUNT, that is, depending on choosing:

        • STANDARD ACCOUNT – the USER may post their IDEAS on IDEA-BAY, view brief descriptions of IDEAS of other Users (subject to Section 2 below), start cooperation,

        • PREMIUM ACCOUNT – the USER may share their IDEAS on IDEA-BAY, view full information about IDEAS of other USERS and start cooperation.

2.     STANDARD ACCOUNT USER may be granted full access to a given IDEA only upon payment of activation fee for viewing the entire IDEA. The amount and method of payment is specified in Chapter IX of the TERMS OF USE.

3.     To make it easier to share and view the IDEAS on IDEA-BAY, they have been arranged into the following categories (from the biggest to the smallest):

        • Organizations

        • Fields: Applications, Architecture & Design, Automotive, Electronics, Entertainment, Art and Fashion, Technologies, Health & Beauty, Products, Start-ups, Toys, Universities, and others

4.     The IDEA SUBMITTER who wants to share their IDEA with other IDEA-BAY USERS should post their IDEA on IDEA-BAY in the following manner:

        • the IDEA SUBMITTER agrees to share the IDEA with other USERS on the terms specified in the TERMS OF USE

        • the IDEA SUBMITTER assigns the IDEA to a selected Organization/Field/Category

        • the IDEA SUBMITTER posts a description that briefly presents the IDEA (brief description), which will be available to all USERS

        • the IDEA SUBMITTER posts full information about the IDEA that will be available for PREMIUM ACCOUNT USERS and STANDARD ACCOUNT USERS who have paid the activation fee for viewing the IDEA

5.     The IDEA SUBMITTER also has a right to:

        • post information about the inspiration behind the IDEA

        • post information about the legal protection of the IDEA and possibly attach a document notifying about such protection

6.     The IDEA SUBMITTER also has a right to use the option of sharing their IDEA (RESERVE IDEA) in order to start cooperation with the INVESTOR. Detailed conditions of using this option are specified in chapter VI. of the TERMS OF USE.

7.     The description of the IDEA should be complete and accurate and cannot be misleading to other USERS, in particular as regards the legal protection of the IDEA and its functionality. The description of the IDEA should comply with the laws in force at the place of residence/registered office of the IDEA SUBMITTER as well as international laws, in particular it shall include information specified in applicable consumer protection regulations. The USER shall be fully liable for the content of their IDEA, including for any mistakes or inaccuracies found in the description.

8.     When using IDEA-BAY, the USER shall:

        • not take any actions to disrupt the functioning of IDEA-BAY, in particular any activity aiming to prevent other USERS from using IDEA-BAY,

        • refrain from any activities that could violate the privacy and good reputation of the USERS, in particular to refrain from disseminating untrue information about the USERS,

        • not take any actions to the detriment of IDEA-BAY and its USERS by placing offensive or vulgar content that may hurt feelings or insult beliefs of others, inciting racial, religious or ethnic hatred,

        • refrain from activities that are contrary to law and the TERMS OF USE

 

V.     PROTECTION OF IDEAS AND MATERIALS POSTED ON IDEA-BAY

1.      Any and all materials, including graphical elements, their arrangement and composition, trademarks and other information available on IDEA-BAY websites are subject to exclusive rights of the OPERATOR. Downloading or using the materials available on IDEA-BAY in any respect requires each time the consent of the OPERATOR and cannot violate the terms specified in the TERMS OF USE and generally applicable laws or infringe upon the interests of the USERS.

2.      By posting the IDEA and any related materials on IDEA-BAY, the IDEA SUBMITTER represents that the IDEA and related materials are the exclusive property of the IDEA SUBMITTER and that they do not violate any third party rights in any way. The IDEA SUBMITTER also declares that their IDEA is unique and that the IDEA SUBMITTER does not know anything about the IDEA being patented by another person or being reserved in any other way for exclusive use, or being protected by copyrights or related rights.

3.      The IDEA posted by the IDEA SUBMITTER shall not violate any laws regarding copyrights, intellectual property rights, laws on combating unfair competition, trade secret laws and any other laws in force at the place of residence/registered office of the USER. Such IDEA, depending on the assigned category, shall not be encumbered with any legal or physical defects.

4.      By posting the IDEA on IDEA-BAY, the IDEA SUBMITTER declares that selling/buying the IDEA on the terms specified in the TERMS OF USE does not violate any applicable laws or third party rights and that the IDEA SUBMITTER is authorized to start cooperation by using the RESERVE IDEA function.

5.      The USERS acknowledge that IDEA-BAY allows them to access IDEAS posted by other USERS, therefore they understand that the IDEAS are the property of the IDEA SUBMITTERS and may be protected (depending on the features of a given IDEA) by copyrights, intellectual or industrial property rights and other applicable laws and provisions of international treaties and that, unless specified otherwise in these TERMS OF USE, the IDEAS are not shared to be used free of charge by other USERS.

6.      Copying, sharing, reproducing or using the IDEA in any other manner without following the RESERVE IDEA procedure is prohibited. The USERS accept full responsibility for using any content available on IDEA-BAY, including, but not limited to the IDEAS of other USERS, if it violates the TERMS OF USE or applicable laws.

 

VI.   STARTING COOPERATION

1.     The OPERATOR, through IDEA-BAY, allows the USERS to start cooperation by establishing contact between the IDEA SUBMITTER and INVESTOR in order to:

        • sell the IDEA (including any materials attached to the IDEA), or

        • grant licence to use the IDEA (including any materials attached to the IDEA), or

        • cooperate in respect of financing the IDEA.

To this end, the OPERATOR makes available appropriate tools for the USERS.

2.     As part of IDEA-BAY functionalities, the IDEA SUBMITTER may use the RESERVE IDEA function which allows the IDEA SUBMITTER to share an IDEA and invite the INVESTORS to start cooperation. The IDEA SUBMITTER specifies the preconditions of potential cooperation in a form (available on a proper IDEA-BAY tab) by completing the following fields:

        • type of contract, information about any additional legal restrictions required by laws applicable for the IDEA SUBMITTER due to the legal protection of the IDEA (contract in writing, etc.), if any. This is optional but strongly recommended;

        • price;

        • additional requirements;

while the INVESTOR who wishes to start cooperation selects the RESERVE IDEA option. When the RESERVE IDEA option is used and the IDEA SUBMITTER sells the rights to use his idea he marks the idea as sold, using the button “mark as sold” provided in the conversation panel. Once this process is fulfilled the IDEA can no longer be reserved by any another USER.

3.     When using the RESERVE IDEA option, the INVESTOR will be provided with contact details of the IDEA SUBMITTER to make agreement with the IDEA SUBMITTER or conduct further negotiations.

4.     The OPERATOR indicates and the USERS acknowledge that executing the proper contract between the IDEA SUBMITTER and INVESTOR, including further negotiations, will be done without the agency of IDEA-BAY and the OPERATOR is not a party to contracts made between the USERS.

5.     The OPERATOR indicates and the USERS acknowledge that the OPERATOR does not guarantee that the IDEA SUBMITTER (as a Seller/ Licensor / Partner-Contractor) and INVESTOR (as a Buyer / Licensee / Partner-Investor) may effectively enter into and perform the contract.

6.     The OPERATOR indicates and the USERS acknowledge and accept that the OPERATOR is not a party to the contract between the IDEA SUBMITTER and INVESTOR and therefore it shall not be liable towards any party for failure to execute the contract, in particular in the event that a party groundlessly avoids entering into the contract. In such event, the OPERATOR may block the ACCOUNT of a USER who defaulted on their obligations and may cooperate with competent law enforcement authorities.

7.     The OPERATOR indicates and the USERS acknowledge and accept that if the IDEA which is the subject of the contract is under broadly understood intellectual property protection, the contract, in order to be effective, may require some additional legal restrictions. The OPERATOR shall not be liable for the effectiveness of the contracts made by the USERS.

8.     The OPERATOR indicates and the USERS acknowledge and accept that IDEA-BAY is an international platform and therefore the IDEA SUBMITTER and INVESTOR, when starting cooperation through IDEA-BAY, shall independently consider differences resulting from laws applicable in their countries and shall establish governing law for their contract based on the laws of their countries (or international agreements binding both countries). The IDEA SUBMITTER and INVESTOR may choose the governing law, unless their applicable laws specify otherwise. The OPERATOR shall not be liable for effective determination of the governing law for the contract by the IDEA SUBMITTER and INVESTOR.

9.     Payment for the idea shall be made by any mean specified in the contract between the IDEA SUBMITTER and the INVESTOR. The OPERATOR is in no way a beneficiary of the fee and shall not be responsible for any results of the cooperation between the USERS and any settlements related to the payment of the fee.

 

VII.OPERATOR’S LIABILITY

1.     The IDEA SUBMITTER is aware that despite the security measures taken for operation of IDEA-BAY, there is a risk that the IDEA posted by the IDEA SUBMITTER may be used unlawfully by other dishonest USERS. Therefore, the IDEA SUBMITTER acknowledges and accepts that the OPERATOR has no liability in relation to the consequences of such unlawful actions. The OPERATOR undertakes to cooperate with the IDEA SUBMITTER in the event of unlawful use of the IDEA SUBMITTER’S IDEA, including to share all necessary information with the competent law enforcement authorities.

2.     The OPERATOR does not verify the IDEAS posted by the USERS on IDEA-BAY in any way and shall not be held accountable for that, in particular for:

        • IDEAS and materials posted on IDEA-BAY by the USERS, in particular the OPERATOR shall not be held accountable for the quality, authenticity, security or exclusiveness or lawfulness of the IDEAS posted by the IDEA SUBMITTERS,

        • authenticity and accuracy of information provided by the USERS, capacity of the USERS to start cooperation as part of IDEA-BAY and solvency of the INVESTORS,

        • effectiveness of the contracts made by the USERS, performance or failure to perform the contracts by the USERS and any losses arising from entering into contracts,

        • consequences of the actions taken by the USERS and third parties which violate the TERMS OF USE,

        • dissemination of data of the USERS by other USERS or third parties, if it is made in violation of the TERMS OF USE or applicable laws,

        • effectiveness of payment transactions. The USERS shall submit any remarks regarding the processing of payment transactions made as described in the previous clause directly to the relevant online payment service provider.

3.     The USERS represent that they hold the OPERATOR harmless from any claims, demands or obligations to rectify any damage that results or in any way may result from a dispute between the USERS.

4.     If the OPERATOR obtains information that the IDEA posted on IDEA-BAY may violate third party rights, the OPERATOR reserves the right to block or delete the IDEA from IDEA-BAY and notify the interested party and the relevant law enforcement authorities thereof.

5.     At any time, the OPERATOR may also suspend or delete the ACCOUNT of the USER whose actions do not follow the TERMS OF USE. Notwithstanding the imposed sanctions, the USER shall be fully liable for their actions which form a basis for suspension or deletion of the ACCOUNT, in particular the USER may be held liable to pay damages to the OPERATOR or other USERS.

 

VIII.      OPERATOR’S FEES

1. The OPERATOR charges fees for some of the services provided. The fees collected by the OPERATOR apply to buying a PREMIUM ACCOUNT or viewing one specific IDEA by the USER.

2. The fees are collected according to the following price list and on the terms specified below: single view: EUR 5, 10-view subscription: EUR 39 or PREMIUM ACCOUNT: EUR 49 Monthly or EUR 549 yearly).

3. After the given fee is paid and credited to the OPERATOR’S account, the USER is instantly granted access to the service purchased.

4.  USERS receive VAT invoices for the paid services on IDEA-BAY. USERS who are not business entities may receive invoices upon express request. Invoices are raised using the information provided by the USER at the ACCOUNT registration.

5. Fees for the services provided by the OPERATOR are paid by the USER via Paypal.

6. The USERS represent that when making payment for viewing the IDEA, they bear the risk related to the content available to them after viewing the IDEA. If the content of the IDEA does not match the interests of the USERS, the fees paid shall not be refunded.

 

IX.    PERSONAL DATA

1.     The USER registering on the PLATFORM agrees for their PERSONAL DATA provided in the registration form to be collected and processed by the OPERATOR as described in the Personal Data Protection Act.

2.     The PERSONAL DATA Controller, as described in the Act, is the OPERATOR, who processes the personal data of the USERS in accordance with the applicable laws. The Controller shall make every effort required by law to ensure that the personal data provided by the USERS is not disclosed without their consent.

3.     At any time, the USERS have the right to access their PERSONAL DATA being processed and to make corrections or request for removal of their PERSONAL DATA.

4.     The OPERATOR may disclose the PERSONAL DATA of the USERS only to authorized entities pursuant to applicable laws in force.

5.     All data collected by the OPERATOR is protected using reasonable technical and organizational measures and security procedures in order to protect it against unauthorized access or unauthorized use. IDEA-BAY affiliates and external service providers have undertaken to administer data in accordance with the security and privacy protection requirements adopted by the OPERATOR.

 

X.      COMPLAINTS

1.      Each IDEA-BAY USER has a right to file a complaint regarding services provided by the OPERATOR. The OPERATOR shall not process complaints regarding the liability of the IDEA SUBMITTERS for the IDEAS posted as well as liability of the IDEA SUBMITTERS and INVESTORS for failure to perform mutual obligations resulting from the cooperation established. However, in the event of violations reported by the USERS, the OPERATOR shall be authorized to cooperate with the IDEA SUBMITTER and INVESTOR and to disclose the data of the USER violating the TERMS OF USE.

2.      The OPERATOR shall process a complaint as soon as possible (14 days).

3.      When filling a complaint via email, the USER agrees that the reply to the complaint may also be sent via email. However, the USER may expressly indicate in the complaint sent via email that the USER expects the reply of the OPERATOR to be in writing. Replies will be provided in English.

4.      Complaints should be submitted electronically through the ticketing system embedded under the resolution center link.

 

XI.    TERMINATION OF IDEA-BAY MEMBERSHIP

1.      The IDEA-BAY services are provided for an unlimited time, however at any time the USER has the right to terminate the agreement for provision of services by electronic means made with the OPERATOR when registering on IDEA-BAY by completing a specimen agreement termination form attached hereto as Appendix 2 and sending it to the following email address: termination@ideabayonline.com. The agreement termination shall be effective as at the end of the calendar month, with the reservation that:

·       the USER shall participate in the cooperation established prior to termination on the terms applicable at the time of establishing the cooperation,

·       IDEAS shared shall remain visible until termination of the IDEA-BAY membership.

 

XII.  AMENDMENTS

1.      The OPERATOR may amend the IDEA-BAY TERMS OF USE on the conditions specified below. The OPERATOR shall notify the USERS about the amendments to the TERMS OF USE 7 days before the amendments enter into force and shall ask the USERS to accept the new TERMS OF USE.

2.      Any amendments to the TERMS OF USE shall enter into force and bind the USERS as of the moment indicated by the OPERATOR as the effective date of the amendments to the TERMS OF USE.

3.      If a USER does not accept the amendments made to the TERMS OF USE, the agreement for provision of services shall be considered terminated as at the date of rejection of the amendments. The USER shall settle any outstanding payment to the OPERATOR.

4.      These TERMS OF USE are announced on the 31st of August 2016 and shall be binding as of this date.

 

XIII.       GOVERNING LAW

1.      Polish law shall be the governing law for the agreements made between the USERS and OPERATOR as part of the services provided by the OPERATOR.

2.      Any disputes related to the services provided by the OPERATOR shall be resolved by the courts of law for the Capital City of Warsaw. This provision shall not be binding to Polish consumers as specified in the provisions of the Civil Code.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 1

 

MODEL WITHDRAWAL / TERMINATION FORM

(Select appropriate, if you want to withdraw  from or terminate the agreement)

 

Krzysztof Rutkowski

IDEA-BAY Krzysztof Rutkowski

Aleja Rzeczpospolitej 33 m. 30

02-972 Warszawa

Mail: termination@ideabayonline.com

 

 

 

I .................................... .hereby  withdraw from/ terminate  the agreement  for services provided by the  IDEA - BAY.

 

Date .............................................................

 

First name and last name………………………………………………………….

Login .....................................................................

Log in
or
Forgot password?

* Incorrect password

Register or Log in

* Email already exists

* You must accept terms to proceed

New password
Forgot password
Please enter your e-mail address to reset your passsword.
Done!

We've just emailed you password reset link( check spam also )

Done!

Now you need to confirm your email, check your inbox please( spam too )