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.firstname.lastname@example.org
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 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.
An entity using the services provided by the OPERATOR via IDEA-BAY.
A USER that takes action to start cooperation with the IDEA SUBMITTER.
A set of resources where the USER’s data is collected, including information about the IDEAS shared, designated with individual name (login) and password.
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)
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).
Data provided by the USERS at the registration, processed by the OPERATOR in order to provide IDEA-BAY services.
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.
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).
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.
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.
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.
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):
• 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 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
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,
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.
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;
• 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.
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,
• 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.
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.
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.
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.
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: email@example.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.
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.
MODEL WITHDRAWAL / TERMINATION FORM
(Select appropriate, if you want to withdraw from or terminate the agreement)
IDEA-BAY Krzysztof Rutkowski
Aleja Rzeczpospolitej 33 m. 30
I .................................... .hereby withdraw from/ terminate the agreement for services provided by the IDEA - BAY.
First name and last name………………………………………………………….