(Confirmation will be sent to this email id)
Terms and Conditions :
This Terms and Condition for Use of www.ideaken.com (the 'Site/ Website') is a legal agreement between You and ideaken Pte Ltd, a private limited company (hereinafter referred to as 'ideaken', 'our', 'us', 'we') incorporated under the laws of Singapore, providing, among other things, the terms and conditions for your use of services ( the 'Services') on the Website. The Site is owned and operated by ideaken.
Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions.
These Terms and Conditions may be modified from time to time in ideaken's sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Services after any amendments are posted on the Website. We reserve the right to include additional terms and conditions for additional services or programs such as contests, quizzes, promotions, sweep stakes and terms specific to our clients for the challenges posted by them and the like. You shall be bound by the same on your participation in such services or programs.
This Website is being made available as a platform to facilitate hosting and obtaining solutions to innovation challenges. It should not be used in any other way by you.
- Authorised Users: You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to
- Individuals aged 18 years or older. By using the Website you represent that you are atleast 18 years old.
- Organizations who can form legally binding contracts with
- You are an authorized representative of an organization and any of your activities will bind the organization.
- You agree that you will not try to pose as what you are not, and will not try to use the identity of any other individual while transacting at ideaken.
- You may not disclose or share your password to any third parties or use your password for any unauthorized purposes.
- You agree to notify ideaken at firstname.lastname@example.org 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).
- You should not register with multiple email ids.
- Any existing user or new user registration with the enterprise specified domain ids will be automatically be considered as user for an valid Enterprise Subscription when applicable.
- Challenge refers to contests which are posted on the Website.
- Challenge Data refers to data, information, details, images (other than images taken from the ideaken repository) files, designs, which is part of the information of a challenge, including the specific terms and conditions of a Challenge.
- Solution Data refers to data, information, details, images (other than images taken from the ideaken repository), files, designs, which is submitted as an answer to a Challenge. This includes data which is hosted at other sites but linked or referred to as part of the answer / solution.
- User Profile Data refers to all information filled in by You, either while signing up at ideaken or in the Profile section of the Website.
- Seeker refers to an individual / authorised representative of an enterprise or organization, who is seeking solutions for the Challenge submitted on the Website. This term can be used interchangeably with sponsor, challenge submitter, challenge leader (who leads the challenge execution) and challenge review team (who reviews the solutions).
- Solver refers to an individual, team or an organization submitting a completed answer / solution to the Challenge(s) posted on the Website.
- Sponsor refers to any individual authorized to approve Challenge(s), evaluate, select the winning solution, allocate and pay the total reward (Monetary or non monetary) to the winning solution(s).
- Confidential Information shall mean all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. Without limiting the generality of the foregoing, all order forms, business plans, marketing plans, customer information, employee details, technology and technical information, product plans and designs, and business processes of ideaken shall be considered Confidential Information. The term of Confidentiality shall be until 7 years after you terminate this Agreement. Confidential Information shall be shared only to your employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with you containing protections no less stringent than those herein.
D. 2. SUBMISSION OF SOLUTION
- ENTERPRISE SUBSCRIPTION
- Enterprise Subscription Edition: This subscription (which is based on the number of employees in the organization) should map to the current number of employees of your organization or lesser. ideaken reserves a right to terminate the subscription or discontinue the service if the number of employees disclosed by you is less than the actual number of employees, unless you immediately take steps to upgrade the subscription to accommodate the increased number of employees. ideaken reserves the right to audit in order to verify the number of employees. Further, ideaken reserves the right to charge you from the date of the misrepresentation.
- Any existing user or new user registration with the enterprise specified domain ids will be automatically be considered as Enterprise Subscription.
- Free Trial: ideaken may at times provide its services for a trial on free of charge for a certain period of time which shall be announced from time to time. Additional terms and conditions, extent of services shall be provided on the registration page. Such terms and conditions are incorporated into this Agreement by reference and are legally binding to you. Any data or customizations made by you on ideaken.com during this trial period will be lost after the trial period unless you purchase a subscription or export such data before the end of trial period.
- ideaken will support in the facilitation and promotion of collaborative innovation within your enterprise as specified in our pricing page. You will need to bear the cost of promotional expenses including but not limited to design, printing, advertising, print and electronic media, travel, conveyance, boarding and lodging.
- ideaken reserves the right to run promotional offers from time to time. The exact terms of that promotional offer will be defined at the time of detailing the offer. The terms are valid only during the promotional offer period and will be applicable fore new subscriptions and will be at the discretion of ideaken.
- Subscription Fees: The details of the Subscription Fees are mentioned in the Pricing section of the Website. You will be in default under this Agreement if:
- Payments are due within 30 days from date of invoice. Delayed payments are subject to a late fee / interest of 1.5% per month, from the due date till the date of payment.
- All applicable Taxes shall be borne by you, except income tax on ideaken's income.
- You will provide us with valid and updated credit card information or with a valid purchase order or alternative document reasonably acceptable to us.
- Credit card or paypal information entered by you is not stored by us. You must enter the details everytime you make a payment. ideaken is not responsible in case of any misuse of credit card or paypal information since such information is NOT stored by us and none of the ideaken employees have access to this information.
- You are solely responsible for any costs, fees, charges, fines or liabilities incurred in accessing the Service.
- In case of termination of agreement, the fees paid are refundable on a pro-rata basis rounded off to the next calendar month.
- Fees are quoted and payable in United States dollars, in the method as specified by us from time to time.
- Fees are based on services purchased and not on actual usage.
- Payment obligations are non-cancellable and fees once paid are non-refundable for the used time frame.
- The number of User Subscriptions purchased cannot be decreased during the relevant subscription term.
- Subscription fees are paid in advance for a full year beginning on the subscription start date and each yearly anniversary thereof.
- You are responsible for maintaining complete and accurate billing address and contact details of your enterprise for billing purposes, you must inform us any change in billing address and contact details by sending an email to email@example.com.
- Term: An Enterprise Subscription Edition commences on the start date specified in the applicable Order Form and continues for the subscription term specified therein. Thirty (30) days prior to the expiry of the Subscription Term, the Parties may mutually decide to extend the term of the Agreement, with revised terms and conditions. In case the Agreement is not renewed, then the registered users of the enterprise will revert to ideaken's original Site
- Termination: an Enterprise Subscriber may terminate this Agreement:
- For any material breach, and such breach is uncured for a period of 60 days, then either Party can with a 30 days prior written notice to the other Party can terminate the Agreement.
- Immediately, if a Party is subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment.
- Upon any termination for cause by you, we shall refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination rounded off to the next calendar month. Upon any termination for cause by us, you shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
- Non-renewal of your Enterprise Subscription: If you do not renew your Enterprise Subscription, the following terms & conditions shall apply :
- All your existing Challenges will continue and be available for completion as per defined schedule, including agreed rewards. However, you will not be able to submit any new Challenges.
- You will continue to remain in the ideaken database and will be treated as non-enterprise users. These users can be reinstated as enterprise users as and when the license is renewed.
- The Enterprise Subscription Edition features such as submitting new Challenges, custom terms and conditions, will cease from the date of expiry of the subscription period.
- Usage Limitations - Services may be subject to limitations, such as limits on the number of Challenges that can be posted by any enterprise. Such limitations have been described in Editions and Pricing Section on the Website.
- You agree that ideaken can display your name and logo as ideaken's customer on the Website and promotional materials.
- There may be some terms in this Agreement, which are conflicting with specific terms of the Enterprise User Agreement. In such cases, the terms of the enterprise will hold precedence to this Agreement.
- BUSINESS PARTNERS
Business Partners are affiliates who wish to use ideaken's platform for hosting their white labelled websites. Such Affiliates will need to abide by following
- The user registrations via the affiliates web sites will have the option to access the open challenges on ideaken's Site.
- The affiliates will be provided their own customized home page or entry page and Registration. Such registrations shall be linked to the affiliate,
- The Parties agree that ideaken can display the affiliate's name and logo as ideaken's customer on the Website and promotional materials. Also, the affiliate agrees that the customized website shall carry the message that the platform is powered by ideaken.
- The terms of engagement with business partners are as per specific terms and conditions agreed before the business partnership commences
- A Seeker can submit a Challenge on the Website only if he is a Registered User and has paid the applicable Subscription Fees. The Challenge would commence only after receipt of the consideration for the Challenge, including the facilitation fees is transferred to ideaken's bank account. If the mode of transfer is offline/wire transfer, then it can take up to 48 hours for ideaken to confirm and then the Challenge shall commence.
- An active Challenge, after submission cannot be modified or stopped from proceeding further. (It is not stoppable in order to ensure that solvers' time spent in understanding the challenge is not wasted. It is not modifiable so that all solvers are provided with the same challenge brief and hence a fair chance to compete in providing the best solution.)
- The Seeker shall abide by the following conditions. ideaken shall at its discretion delete any data posted by you in non-adherence to these conditions:
- You should ensure and certify that all Challenges posted on the Website are not subject to any restrictions, prohibitions by your resident country or Singapore in anyway.
- You are solely responsible and accountable for any legal action arising out of your actions including posting of the Challenge and that you shall keep us indemnified of the same including attorney fees and legal charges.
- You will not identify yourself or your enterprise in the Challenge data, or provide any contact details (direct or indirect) which can allow Users of the Website including the Solvers to either recognize you or your enterprise or allow anybody else to contact you via any communication channel.
- You are solely responsible to ensure the confidentiality of your organization's data while formulating/submitting Challenge Data and you will be responsible for all the risks and liabilities pertaining to opening the Challenge outside the enterprise. We are in no way responsible for loss of any trade-secrets, competitive advantage, loss of business or any circumstantial losses in any way.
- You agree that you will reward the inputs (as part of solutions provided to you) which are useful to you in an appropriate proportion of the benefits you derive. You agree that you will not use any inputs (provided to you as part of solution) in part or full if you have not paid for the corresponding solutions while using ideaken's services.
- You agree that if there is a coincidence of you getting the solution or an idea internally and at the same time provided with the same or similar idea or solution via ideaken then you will still reward the ideaken's Solver unless you prove otherwise.
- You agree that you will not copy, exact or part of the active Challenges and use it to submit another Challenge
- You agree that the extent of information you are disclosing as part of the Challenge Data is made available to all the Solvers selected by you.
- You agree that the content uploaded as part of Challenge Data is owned by you and does not infringe any one's intellectual property in any way, including images (unless it is publicly available free to use image). You shall ensure to provide sufficient information in order to work on a solution.
- You agree that the challenge is owned by the Sponsor (email id) mentioned in the Challenge Data. You agree that you have a permission to use the sponsor email id while putting the same in Sponsor data field.
- You agree that the Sponsor is the ultimate authority on all aspects of the Challenge being submitted, solution evaluation, solution selection and rewarding the best solution.
- You agree that you have understood the roles of Challenge Sponsor, Challenge Submitter, Challenge Team leader and solution reviewer(s) provided in Challenge Data.
- You agree that you know the consequence of selecting Solver base with different options available (from predefined Solvers to anybody from the enterprise to anybody from the universe) and the consequence of selecting one of more of the options. You agree to invite the Solvers to solve your Challenge for which you are seeking solution as selected by you in the challenge submission area.
- ideaken reserves the right to change any of the initially communicated Challenge timelines due to reasons beyond the control of ideaken (seeker initiated changes or due to other unavoidable reasons). ideaken reserves the right to communicate such change to the Solvers. ideaken is not liable for any monetary or non-monetary loss to the solver(s) due to the changed challenge timelines.
- ideaken reserves the right to remove any violations that comes to its notice. ideaken need NOT provide the reason for the Challenge Data removal, or why the Challenge Data is inappropriate. Additionally, ideaken reserves the right to publish a Challenge based on its evaluation of appropriateness for a Challenge.
- Ownership of Challenge Data: The Seeker shall exclusively own all rights, title and interest in and to all of his/ their Challenge Data. ideaken shall take reasonable efforts to protect the security, confidentiality and integrity of the Challenge Data. However, in the event of damage, destruction, human error or theft of the Challenge/Solution/User Profile data, which is not due to ideaken's negligence, then ideaken will NOT be responsible.
- ideaken may share User Profile Data on request from Seeker or as compelled by law. If you do not want to share your user profile data, please write to us at firstname.lastname@example.org.
- ideaken will not:
- Modify Your Challenge/Solution/User Profile Data.
- Disclose Your Challenge/Solution Data except as compelled by law, by providing reasonable notice to you.
- Access Your Challenge/Solution/User Profile Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters.
- Challenge/Solution/User Profile data will be made accessible only after completion of successful user authentication and based on the user role.
- ideaken makes no warranties about the success rate of the Challenges posted.
- Challenges posted on the Website are non-exclusive and could be posted on other websites / resources.
- 1. SOLUTION
- The Solver(s) warrants and holds out that proposed solution :
- Does not breach intellectual property rights of any third party,
- Is not subject to any confidentiality restrictions,
- Is not subject to any employment agreement restrictions
- Will not claim any intellectual rights in the solution, other than moral rights.
- Takes reasonable efforts to enable the Seeker in assigning the intellectual property rights in the name of the Seeker.
- The Solver warrants and holds out that he is authorised to make the disclosure and has all the rights, licenses, permissions and consents necessary to submit the Solution. The Solver further agrees to comply with any additional terms and conditions applicable for a Challenge.
- The solutions proposed by the Solver(s) should be independently verified by the Seeker team for breach of any IP, patent, copyrights or confidential information BEFORE REWARDING THE SOLUTION AS THE WINNING SOLUTION. ideaken is a facilitator in bringing the Solver and Seeker using ideaken's platform and is not responsible for any acts of the Solver(s) and the Seeker(s), including disputes regarding violation of intellectual property rights or confidentiality restrictions. The Parties shall indemnify ideaken for any loss or damage caused to ideaken due to such actions.
- Solution Data download: The Sponsor will be provided 30 days time, from the end of the Challenge closure date, to download the Solution Data through a link in sponsors' logged in area.
- ideaken can disclose the information of the Solver(s) or Seeker(s) to the extent available with ideaken, in case of legal proceedings.
- All rights including ownership rights of the Solution Data vests with the Solver till the time the results of the Challenge are announced. On announcing the results, the ownership rights of the winning Solution Data, vests with the Seeker. The Seeker and the Solver agree that getting a solution from ideaken does not entitle the Seeker to override solution rights already established elsewhere. Any Solution Data which are NOT rewarded cannot be used in full or partially by the seeker team
- After evaluation of the Solution Data and on announcing the winning entry, any part or full Solutions Data downloaded during the evaluation stage shall be deleted from the Enterprise's storage devices (including but not limited to hard disks, pen drives, laptops, mobile phones, memory cards, flash drives or any form of online storage). ideaken reserves the right to do an audit of the enterprise to verify any violation with respect to solution usage.
- After the submission of the solution to the Seeker, no further inputs or communication can be sought from the Solver(s). However, the Seeker can pose a new Challenge in order to take the solution further.
- Challenge Evaluation: ideaken is a facilitator and has no access to review the solutions. The Sponsor shall be the ultimate authority in evaluating the solutions and judging a winning solution. Such decisions of the Sponsor is final and binding and no negotiation/ question shall be entertained after the announcement of the decision.
- Protection of the Solution: The Seeker shall take all necessary steps in order to protect the intellectual property or other applicable rights in the Solution. ideaken is in no way responsible for non action by the Seeker.
- Storage of information: We do not store any Challenge Data or Solution Data beyond 30 days after the announcement of the results of the Challenge. After such 30 days period, we shall have no obligation to provide you such information.
- The Solver shall as required for providing a complete and satisfactory solution, in addition to describing the theoretical solution can make use of audio visual tools to demonstrate the physical aspects of the Solution Data. However there is no provision to submit the physical prototype.
- Solver retains the right to submit the earlier submitted solution for previous Challenges provided the solution has been evaluated and rejected earlier. Rewarded solutions become the ownership of the Seeker and cannot be proposed again to other Seekers.
- The Solver fully recognizes, understands and accepts that the Seeker has internal teams working on similar concept and has access to, may create or could have created solutions and ideas which may be similar or identical to the Solution Data in concept, theme, idea or format. The Solver acknowledges and agrees that Seeker shall have the right to use such same or similar solutions, and that the Solver will not be entitled to any compensation arising from Seeker's use of such solutions.
- If the Solution Data is similar to the Solution Data of another Solver, then the Seeker reserves the right to either select one Solver over another, based on the Challenge Evaluation criteria or to randomly select Solution Data that meets the challenge evaluation criteria. Any decision made by the Seeker/ Sponsor in this context is non-negotiable and binding.
- Harmful Substances - PLEASE NOTE THAT UNDERTAKING WORK RELATED TO CHALLENGE DATA POSTED ON IDEAKEN MAY REQUIRE YOU TO UNDERTAKE ANY EXPERIMENTS OR TESTS THAT INVOLVE 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.
- Injury - PLEASE NOTE THAT UNDERTAKING WORK RELATED TO CHALLENGE DATA POSTED ON IDEAKEN MAY REQUIRE YOU TO UNDERTAKE ANY EXPERIMENTS OR TESTS THAT INVOLVE THE USAGE OF (INCLUDING BUT NOT LIMITED TO) ANY MECHANICAL, PHYSICAL OR INDUSTRIAL TOOLS THAT COULD BE HARMFUL TO YOU AND ANYONE ELSE - PHYSICALLY OR PYSCHOLOGICALLY AND YOU UNDERTAKE THE CREATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK.
- Ownership of the Solution Data: The Solver agrees that the ownership of any intellectual property rights in the winning Solution Data shall belong to the Seeker with no further assignment action. The Solver shall provide reasonable support in transfer of such ownership. The Solver agrees that the Seeker, its authorized representatives, its licensees, successors and assigns are fully authorized to alter, edit or use and develop derivative works or any parts thereof and from the winning Solution in whatever manner (including but not limited to advertising, promotion, publicity) or media throughout the world in perpetuity. Once the Solver submits the Solution, the same cannot be recalled or drawn back, and the Seeker has the right to select it as a best Solution and pay the agreed reward.
- ALL INTELLECTUAL PROPERTY RIGHTS, IF ANY, IN THE SOLUTION DATA OR IDEA OR CONCEPT DEMONSTRATED BY THE SOLUTION WILL REMAIN WITH THE SOLVER. BY SUBMITTING A SOLUTION TO A CHALLENGE, THE SOLVER HERBY AGREES DEPENDING ON THE SOLUTION EITHER (i) TO GRANT TO THE SEEKER A ROYALTY FREE, NON-EXCLUSIVE LICENSE IN RESPECT OF ALL SUCH INTELLECTUAL PROPERTY RIGHTS, IF ANY, FOR THE PURPOSES OF COMMERCIAL EXPLOITATION OF THE SOLUTION DATA OR IDEA OR CONCEPT DEMONSTRATED IF THE SEEKER SELECTS THE PROPOSED SOLUTION AS THE WINNING SOLUTION, WITHOUT ANY FURTHER ASSIGNMENT REQUIRIEMENTS. DESPITE GRANTING THE SEEKER A PERPETUAL, NON-EXCLUSIVE LICENSE FOR THE PROPOSED SOLUTION, THE SOLVER CANYOU RETAIN OWNERSHIP OF THE PROPOSED SOLUTION. OR (ii) TRANSFER THE OWNERSHIP OF THE SOLUTION.
D. 3. CONTENT
- Your content is your responsibility: You are solely responsible for the content (including but not limited to challenge data, solution data or user profile information) generated, submitted by you, postings, or Solutions by you. ideaken acts merely as a conduit for the distribution and/or publication of that information. ideaken reserves the right to take any action if in its discretion believes that the information is inappropriate, may create liability for ideaken, or may cause ideaken to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers, or any users.
- You agree that the content or any information submitted by you will be original and accurate and will adhere to the following:
- No other individual or entity has any rights, title or interest in any part of the Solution Data submitted by you. The solution data does NOT infringe any third party's content, copyright, trademark, patent, trade secret, confidentiality, any contractual, defamation, misappropriation, intentional or negligent infliction of emotional distress, or other proprietary rights or rights of publicity or privacy (including but not limited to text, graphics, photographs, audio/video, logos, artwork)
- Any third party content included as part of solution data, should be only on the insistence of the seeker team in accordance with the challenge conditions or the third party content is in the public domain without any limitation on use.
- NOT violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or
- NOT be libelous, unlawfully threatening, or unlawfully harassing. You may be asked to make legally binding warranties and representations to ideaken and the other users of the site as the case may for any content or information you submit.
- Any individual or entity employed or contracted by you (in case of minors, parents or legal guardian need to certify) to work on the solution data must have agreed to the following:
- Given explicit written permission to submit the solution for royalty-free use, unlimited exhibition, or exploitation of any kind and any manner in any media in perpetuity.
- Provided written permission to include their personal information (including but not limited to name, address, graphics, audio/video) upon request by the seeker.
- No claims for payment of any kind (including but not limited to royalty, reward, damages, approver or consultation rights, rights of participation, exhibition or exploitation of any kind and any manner) on the Solution data.
- The Solution Data is free from any union or guild agreement that might result in any obligation (past/present or future) from the use and exploitation of the solution data.
- ideaken at any point does not endorse any of the content or opinion of the users. ideaken does not monitor and is not responsible for any content submission by its users.
- You will be responsible for any liability resulting out of incorrect information (knowingly or unknowingly) provided in any of the content section of the site (including but not limited to challenge data, solution data, user profile data and money transfer details
- The Solver shall be a signed up User of the Website. In addition to the generic sign up terms, the Solver agrees to:
- Specific terms and conditions for individual Challenge(s).
- Not register with multiple email ids to submit solutions to the same challenge.
- In the event of a dispute on the Solution Data, the signed up User submitting the solution shall be deemed to the Solver.
- Solver identity: The Solver's identity may be shared on request from Seeker or as compelled by law. If you do not want to share your user profile data, please write to us at email@example.com. In addition, the Solver shall not identify himself in the Solution Data and not any contact details (direct or indirect) which can allow anybody to either recognize the Solver, or allow anybody to contact via any communication channels. The Solver shall not make it public that he has been a solver for a winning solution, unless done by ideaken.
- ideaken is a facilitator and does not evaluate, add, modify solutions and the same is presented "as is" to the Solver(s).
- Solvers are also prohibited from contacting the Seeker in any way whether during the active Challenge or after that. Any communication has to be routed through ideaken.
- Solvers are prohibited from contacting the Seeker for any purpose including but not limited to employment opportunities, personal favours, give or receive gifts etc. Any solver found to be doing this will be debarred from participating at ideaken in the future. However they are free to respond in case the seeker company approaches them first with an offer of employment or any other partnership.
- Display: The Solver agrees that ideaken might display a Solver randomly chosen as a featured solver including featuring in marketing or promotional materials. However, ideaken does not provide any direct employment to its solver community and shall not provide any direct references or work experience letters.
- The Sponsor/Seeker shall be the final authority to evaluate and judge the winning solution. The Seeker agrees to pay the monetary and/or non-monetary reward at the end of the Challenge to the Solver(s) whose solutions are selected as the winning solution(s).
- On announcement of the winning Solution, the monetary reward which is deposited with ideaken, shall be transferred to the Solver's identified bank account. For all purposes, the signed up User submitting the solution is considered as Solver and if there are more than one Solver, ideaken transfers the amount to the signed up User only, and ideaken is not a party to further distribution amongst the Solvers.
- The reward money due to the winning Solver will be transferred subject to the following conditions:
- Solver has selected one of the payment transfer modes and provided the correct details
- The cumulative reward money is greater than 100 USD
- Solver has authorised ideaken to transfer the reward money
- In case of non-monetary reward, the Seeker is responsible for the distribution of the non-monetary reward to the Solver. Any dispute between the Solver and Seeker shall be resolved by the Seeker and ideaken is not a party to the same.
- If the Seeker is not satisfied with any submitted solutions and there are no winning solutions, then the Challenge reward amount shall be refundable, subject to deduction of transfer fees.
- The Seeker is prohibited from publicly announcing any information regarding the winning solution until the transfer of the solution is completed and the corresponding legal documentation if any is completed.
- Procedure of transfer of monetary rewards:
- All money transfers happen on the 5th of the next following month.
- All payments transfer details are available to ideaken at least 15 days in advance from the date of transfer. If this is not the case, then the transfer happens during the subsequent payment date.
- The final payments are made after deducting money transfer charges as applicable.
- ideaken does not pay any interest for any accumulated reward money.
- All ideaken payments are in USD. Any foreign exchange/ currency conversion charges are borne by the Solvers.
- ideaken shall deduct applicable taxes before payment. Solvers are solely responsible for any tax liabilities due to the concerned authorities as per the laws and regulations of their country.
- Reward selection criteria: THE SEEKER CAN SELECT UP TO 3 WINNING SOLUTIONS. THE SEEKER ALSO DECIDES THE OVERALL SATISFACTION LEVEL WHICH DETERMINES THE AVAILABLE REWARD FROM THE PROPOSED CHALLENGE REWARD. The reward mentioned for a specific challenge is the maximum reward possible .THE AVAILABLE REWARD MAY GET DISTRIBUTED AMONGST THE WINNING SOLUTION(S) BASED ON THE DISCRETION OF THE SEEKER.
- ideaken's ownership: ideaken continues to own the Website and all content generated by ideaken that is displayed on the Site. ideaken grants the Registered Users a nonexclusive, revocable right to use the Website for the purposes mentioned above.
- Inappropriate Content: You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any User Content that:
- is libellous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination;
- advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
- is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent;
- violates any of the prohibitions set forth here-in or
- advertises or otherwise solicits funds or is a solicitation for goods or services.
- Use of software: Use of the Website may require you to use software provided by or operated from the Website, and on occasion we may make certain software available to you from the Website. To the extent you use such software or download such software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
- No Third Party Reliance: You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of ideaken. This agreement shall have no third party beneficiaries, other than Challenge specific terms and conditions.
- You shall not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code.
- Modify or attempt to modify the Website in any manner or form except that you have the right to modify your self-generated content on the Site.
- Copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes,
- Access the Services in order to:
- build a competitive product or service, or
- copy any features, functions or graphics of the Services
- Permit any third party to access the Services except as permitted herein or according to our prices and edition page.
- Compliance with laws: The Registered Users are solely responsible for compliance to all applicable laws of their country and ensure they understand the legal requirements before participating in the Challenge, including export compliances and regulations.
- Relationship of the Parties: All Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship of any kind between the Parties.
- Trademark: "ideaken", the "ideaken logo", and the term "collaborate to innovate" are intellectual properties of ideaken Pte. Ltd. All other product names, marks, logos, symbols used on the Website may be the trademarks of their respective owners.
- Copyright: All content on the Website are subject to Copyright owned by ideaken Pte. Ltd. and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at firstname.lastname@example.org
- Limitation of Liability and Disclaimer: ideaken has no control over the Challenge Data or the Solution Data. ideaken does not warrant or guarantee the accuracy, completeness, appropriateness of such data, nor does ideaken endorse any Signup User.
- Agreement Interpretation: This Agreement shall be interpreted in accordance with the laws of Singapore.
- Dispute resolution: All disputes arising directly under the express terms of this Agreement or the grounds of termination thereof shall be resolved as follows: The senior management of both parties shall meet to attempt to resolve such disputes. If the disputes cannot be resolved by the senior management, either party may make a written demand for formal dispute resolution and specify therein the scope of the dispute. Within seven (7) days after such written notification, the parties agree to meet for one (1) day and consider dispute resolution alternatives other than litigation. If an alternative method of dispute resolution is not agreed upon within seven (7) days after the one day mediation, either party may begin litigation proceedings.
- Assignment: This Agreement will not be assigned without prior written approval of ideaken.
- Severability: If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Limited liability: IDEAKEN SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR ENTERPRISE), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF IDEAKEN.COM, ANY INFORMATION CONTAINED ON IDEAKEN.COM, YOUR OR YOUR COMPANY'S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER IDEAKEN NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR ENTERPRISE WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY SHARE PRICE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF. THE LIABILITY OF IDEAKEN.COM IN ANY CASE WILL NOT BE IN EXCESS OF SGD 100 (ONE HUNDRED SINGAPORE DOLLARS ONLY) REGARDLESS OF THE CAUSE.
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE LESSER OF SGD 100 (ONE HUNDRED SINGAPORE DOLLARS ONLY) OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION -ENTERPRISE SUBSCRIPTION FOR PURCHASED SERVICES.
You agree that you will be responsible for, and at ideaken's request defend ideaken from, third party claims arising out of information you provide to ideaken for publication or any breach by you of this Agreement.
You also agree that you will not make any claims or take any legal action against ideaken for the content generated by you.
Exclusion of Consequential and Related Damages - IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Indemnification by You: You shall defend ideaken against any claim made or brought against ideaken directly or indirectly as a result of your action, violation of this Agreement, negligence by you, or your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us completely and totally for any damages finally rewarded against, and for reasonable attorney's fees incurred by, us in connection with any such claim or alleged actions.
- Notice: Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon:
- Personal delivery,
- The second business day after mailing,
- The second business day after sending by confirmed facsimile, or
- The first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim). Notices to You shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.
Last updated on 09:30 GMT 22-Apr-2010
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