GENERAL CONDITIONS AND TERMS OF USE OF THE WEBSITE

The following General Conditions and Terms of Use (“Terms of Use”) regulate the access and use of the User (“User”, as defined below), of the Website www.idea.me (“The Website” or “Ideame”), as well as the procurement of products and services through it.

The Website belongs to Ideame LLC, a Delaware limited liability company with registered offices at 1209 Orange Street (c/o Corp. Trust Company), Wilmington, Delaware, United States of America (“The Company”), which is operated in each jurisdiction by a Local Operator (“The Local Operator”).

Anyone who wants to access and/or use the Website must agree to be bound by these Terms of Use, together with the other Policies and Principles that rule Ideame, which are hereby incorporated by reference, and if applicable, must also agree to be bound by the Particular Terms and Conditions for Creators (available at http://www.idea.me/terms-conditions) and/or the Particular Terms and Conditions for Backers (available at http://www.idea.me/terms-conditions).

ANYONE WHO FAILS TO ACCEPT THESE TERMS OF USE AND THE APPLICABLE PARTICULAR CONDITIONS, ALL OF WHICH ARE OBLIGATORY AND BINDING, WILL HAVE TO ABSTAIN FROM USING THE WEBSITE AND/OR ANY OTHER SERVICES PROVIDED BY THE COMPANY.

The User must read, understand and accept all the conditions laid down in the Terms of Use and other documents incorporated by reference in them, before registering as a User of Ideame.

A. Capacity

By accepting the Terms of Use, the User declares that he:

Has read and understood the Terms of Use

Is a person with legal capacity according to his country’s legislation, for the full validity, effectiveness and practical usefulness of every and each one of the provisions of the Terms of Use.

Is subject to all the obligations laid down in the Terms of Use.

The very fact of browsing and/or using the Website by an individual makes him a User (“The User”) and implies acceptance of these Terms of Use in every and each of its parts. Consequently, no services from the Website may be hired or used by persons who are not capable of hiring, are minors, and/or individuals who have been suspended or banned by the Company and/or the Local Operator to use the Website.

B. Modifications

The User is responsible for reading attentively and comprehensively these Terms of Use each time he accesses the Website since changes may be introduced anytime.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use anytime, or suspend, change or end the service, by posting the changes on the Website. All changes will be notified 10 (ten) days prior to their effectiveness. In case the User disagrees with the changes, during that 10-day period, the User must communicate it through an email to contacto@idea.me. In that case, the contractual relationship will dissolve and the User will be disabled as such. After this period expires, the User will be considered to have accepted the new Terms of Use which will rule the contractual relationship thereafter.

The Company reserves the right to anytime and without previous notice, make changes or updates of its contents and services in general, as well of any design or configuration of the Website.

C. Conditions of Use

1. Website Access.

Website Access is free, except for the cost of connection through a telecommunications network provided by the Internet Service Provider (ISP) hired by the User, which will be at the exclusive expense of the User.

2. Necessity of Registration

As a general rule, accessing the contents in the Website will need no registration from the User. However, the use of certain services will need a previous registration from the User, who will have to complete all fields of the registration form with valid data (“Registered User”). The User who decides to become a Registered User must verify that the information provided to Ideame with registration purposes is exact, precise and true (“Personal Data”); at the same time the User will assume the responsibility of updating Personal Data whenever it becomes necessary. The Company and/or the Local Operator may use different ways to identify Registered Users, but neither the Company nor the Local Operator will be held responsible for the authenticity of the Personal Data provided by the Registered Users. The Registered Users warrant and are held responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Data provided to the Company and/or the Local Operator.

The Registered User may register as Creator User (“Creator”), who registers with the intention of uploading, registering, incorporating and/or submitting a Project (“Project”) through the procedures and mechanisms, and following, in full compliance, the Particular Terms and Conditions for Creators (“Particular Terms and Conditions for Creators”), available at http://www.idea.me/terms-conditions, that become applicable considering the contractual relationship each Creator concludes with the Local Operator of its corresponding jurisdiction, which will be published on the Website managed by that Local Operator.

Likewise, the Registered User may register as Backer User (“Backer”), who registers to be authorized and have the possibility to make contributions (“Contributions”) to the Projects submitted by Creators, and eventually receive rewards in exchange (“Rewards”), for which purpose the Backer must accept the Particular Terms and Conditions for Backers (“Particular Terms and Conditions for Backers “) available at http://www.idea.me/terms-conditions).

The Terms of Use will be applicable for Users and Registered Users as well; however the relationship with the latter will also be ruled by the applicable Particular Terms and Conditions.

3. Obligation to Keep Personal Data Updated

Personal Data provided by Registered Users on the Website must be accurate, actual and truthful at all times. The Company and/or the corresponding Local Operator reserve the right to require proof and/or additional data in order to validate Personal Data and to suspend temporarily and/or forever the Registered Users whose Data cannot be validated. Termination of services or disqualification of a Registered User comprehends the disqualification of all his or her Projects published, without implying any right to compensation or redress.

4. Access to Personal Account and Confidentiality Obligation Regarding Security Password.

To become a Registered User, the User will have a personal account (“Account”) where he will enter his name and surname and the chosen personal security password (“Security Password”). This Security Password is personal and non-transferable. The Registered User will in any case be responsible of all damages, injuries or detriments resulting from the lack of compliance with this confidentiality obligation for any reason.

The Account is personal, unique and non-transferrable, and it is forbidden for a Registered User to register or own more than one Account. In case the Company and/or the corresponding Local Operator detect different Accounts having coincident or related data, they will cancel, suspend or terminate them acting in their own discretion, being this enough reason to disqualify the Registered User, including his original Account. The Registered User will be held responsible for all operations performed from the Account, since the access to it is restricted by the use of the Security Password, whose confidentiality is the sole responsibility of the Registered User. The Registered User will, according to the case, notify the Company and the Local Operator, in a timely, reliable, effective and efficient way, of any unauthorized use of the Account by third parties, as well as of any other known account-related security breach.It is forbidden to sell, license, or transfer the Account under any title, whether free of charge or not.

The Company and/or the corresponding Local Operator reserve the right to reject any registration application or to terminate a previously accepted registration, when, acting in their own discretion, they consider that there has not been full compliance of all the conditions laid down in the Terms of Use or in the Particular Terms and Conditions for Creators and/or Backers, without being obliged to communicate or explain the reasons for such decision, and without implying any right to compensation or redress to the Registered User involved.

5. General Rules for the Use of the Website

The services offered in the Website are for the exclusive use of legal adults.

The User and/or the Registered User declare, warrant and represent that they are of the legal age to formalize a binding, fully valid and effective contract, and that all the registration information is accurate, truthful and updated.

The Company and/or the corresponding Local Operator reserve the right to terminate the Account of Registered Users whose legal age is doubtful.

The User and/or the Registered User accept to use the Website and all its contents and services in accordance with the law, the moral standards, the public order, and the Terms of Use and the Particular Terms and Conditions applicable in each case. Likewise, they are obliged to make an adequate use of the services and/or contents of the Website and not to use them in activities that are illegal or constitute a criminal offence, that harm third-parties’ rights and/or violate regulation on intellectual and industrial property, or any other rules of the legal order that might be applicable and, especially the good faith principle that obliges to act loyally, correctly and honestly during the preliminary exchanges as well as in the celebration and execution of any contract. As a consequence of the preceding, the User will refrain from disseminating, transmitting, submitting or putting at disposal of third parties any kind of material and information (data, contents, messages, drawings, sound and image files, photos, software, etc.) that are against the law, the moral standards, the public order, the Terms of Use and the Particular Terms and Conditions applicable in each case.

Including, but not limited to, and in no restriction or exclusion in any case, the User and/or the Registered User agree not to:

  • (a) Introduce or spread racist or xenophobic content or propaganda or, in general, content that is discriminatory, pornographic, of incitement of terrorist acts or that is offensive to, violate or might violate human rights.
  • (b) Introduce or spread in the network data programs (viruses and harmful software) which might cause damage to Ideame's computer systems, its suppliers or, in general, any third party users of the internet.
  • (c) Distribute, transmit or make available to third parties any type of information, element or content that could infringe fundamental rights and public freedoms granted in the local Constitutions and in International Treaties.
  • (d) Not to distribute, transmit or make available to third parties any kind of information, element or content that could constitute illicit or unfair advertising.
  • (e) Transmit unsolicited or unauthorized advertising or promotional material, including spam, chain letters, pyramid schemes, or any form of solicitation, except in those areas (such as commercial spaces) that have been exclusively dedicated by The Company and/or the corresponding Local Operator and expressed in a due and timely communication on the Website.
  • (f) Post or disseminate any false, ambiguous or inaccurate information and content, or any content that misleads the recipients of such information.
  • (g) Distribute, transmit or make available to third parties any type of information, element or content that implies a violation of intellectual and industrial property, patents, trademarks or copyright corresponding to the Company or to third parties
  • (h) Distribute, transmit or make available to third parties any type of information, element or content that implies a violation of secrecy of communications and personal data legislation, and, in general, all laws regulating protection and promotion of respect to privacy and intimacy of individuals and their families.

The User and/or the Registered User agree to hold the Company and/or the corresponding Local Operator Harmless On account of any possible claim, fine, penalty or sanction or compensation that could result from the non-fulfillment of the User of any of the aforementioned rules of use. The Company reserves the right to claim corresponding damage compensation. The Company and/or the corresponding Local Operator reserve the right to terminate the Account of those Registered Users that make inappropriate use of the Website or do not respect observations and prohibitions foreseen in these Terms of Use and the Particular Terms and Conditions applicable in each case.

6. Responsibility Of Ideame and /or the Corresponding Local Operator

As Ideame and/or the corresponding Local Operator only make available to the Users a virtual space that allows Creators to make their Projects available to Backers through the internet,

  • (a) The Company and/or the corresponding Local Operator Accept no responsibility with regard to updating the Website, particularly concerning contents or information, nor do they warrant that the information published on the Website is precise or complete. Thus, each User will be responsible of confirming that the information published on the Website is precise and complete before making any decisions related to any service or content posted on it.
  • (b) The User’s Access to the Website does not imply the Company and/or the corresponding Local Operator have the obligation of informing, controlling or performing any other action concerning the presence or absence of virus, worms or any other harmful computer science element. The Users will not accuse the Company and/or the corresponding Local Operator of the damages resulting from technical problems or system or internet failures,nor will for any reason claim compensation from such situations.
  • (c) The Company and/or the corresponding Local Operator do not guarantee access and continuous and uninterrupted use of the Website. The Website may occasionally be unavailable due to technical problems or internet failure, or to any other circumstance beyond the Company’s control, which are not the responsibility of the Company and/or the corresponding Local Operator. In such cases, best efforts will be made to make the system available as soon as possible, and neither the Company nor the corresponding Local Operator will be liable for any such problems. The Company and/or the corresponding Local Operator will not be held responsible for any mistake or omission in the Website’s contents.
  • (d) The User is responsible, in any case, for having and using the suitable tools to detect and disinfect harmful computer programs.
  • (e) The Company and/or the corresponding Local Operator do not assume liability for damages of any kind incurred by the User resulting from failure or outage of telecommunications networks which may result in the suspension, cancellation or interruption of the Website service, during or prior to its provision.
  • (f) The Company and/or the corresponding Local Operator will not be held responsible for the actions of the Creators who upload their Projects on the Website. The Company and/or the corresponding Local Operator have no ownership rights on the published Projects, nor do they offer them on sale. The Company and/or the corresponding Local Operator do not become involved in the delivery of Rewards by the Creators nor in the characteristics laid out by them for such Rewards, and thus will not be responsible for the existence, quality, quantity, availability, condition, integrity, legitimacy or delivery terms of the Rewards offered, as well as for the Creators’ capacity for hiring or for the truthfulness of the Personal Data submitted by them. The Creator knows and accepts to be the sole responsible for the Projects he publishes and declares there is no restriction and/or that he has the necessary permission for publishing the Projects. Likewise, Ideame and/or the corresponding Local Operator do not become involved in the delivery of Contributions by the Backers, for which reason they will not be responsible for the existence, origin, quality, condition, integrity or legitimacy of the Contributions, as well as for the Backers’ capacity for hiring or for the truthfulness of the Personal Data submitted by them.

Due to the fact that the Company and/or the corresponding Local Operator do not have any participation during the period when the Project is published, disseminated, promoted or advertised with the aim of raising funds, they will not be responsible for the effective implementation of the Rewards offered by Creators.The User knows and accepts that whenever he operates with other user or with third parties he does it at his own risk. In no case will the Company be held responsible for loss of profits, or for any other damage the User might suffer due to the Projects published through Ideame.

As the Website is a meeting place for Creators and Backers, and considering neither the Company nor the corresponding Local Operator participate in the exchanges they make, the Creator will be responsible for all taxes regarding Project and Rewards offered, and the Company and/or the corresponding Local Operator will not be held liable for noncompliance with those obligations.

The Company and/or the corresponding Local Operator reserve the right to cancel Projects promoted through the Website without notice, for any reason, acting in their own discretion, when they consider that there has not been full compliance of all the conditions laid down in the Terms of Use or in the Particular Terms and Conditions for Creators and/or Backers.

7. Contents and Services Linked Through the Website.

The Website access service may include technical link devices, directories or even search tools that allow the User to access other Websites and internet portals (“Linked Websites”). In such cases, the Company and/or the corresponding Local Operator will only be held responsible for the contents and services provided in Linked Websites to the extent of their being effectively aware of any illegality and not deactivating the link with all due diligence.

In case the User considers there is a Linked Website with illicit or inappropriate content, he may communicate the Company and/or the corresponding Local Operator, although in no case does such notification impose an obligation to the Company and/or the corresponding Local Operator to remove that link.

In no case, the existence of Linked Websites must presume the existence of agreements with the holders of such websites, nor the recommendation, promotion or identification of Ideame and/or the corresponding Local Operator with the statements, content or services provided by those websites.

The Company and/or the corresponding Local Operator ignore the contents and services of linked websites and therefore are not liable for damage caused by the unlawfulness, quality, failure to update, unavailability, error and uselessness of the contents and/or services of the Linked Websites Or any other damage that is not directly attributable to the Company and/or the corresponding Local Operator.

8. Intellectual and Industrial Property.

All contents of the Website, included, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as graphic design and source codes, are the intellectual property of the Company or third parties, and none of the exploitation rights recognized by intellectual property laws over such contents shall be deemed to have been assigned to the User. Likewise, brands, commercial names or logos are the property of the Company or third parties, without it being understood that access to the Website gives the User any right to them.

The Creator represents and warrants that the Projects he publishes on the Website will only be original works, created by him, and that in no way they are copies or reproductions that violate intellectual property rights of third parties. The Company and/or the corresponding Local Operator will be able to terminate the Accounts of Registered Users that violate any intellectual property right of third parties. If the Company and/or the corresponding Local Operator become aware of such a violation of rights, they will delete the illegal material in compliance with the intellectual and industrial property laws in force. The Company and/or the corresponding Local Operator will not acquire any property rights on the content of the Projects submitted by the Creators on the Website. However, the Creator grants the Company and the corresponding Local Operator, a free worldwide non-exclusive license, for the maximum legal protection period available, which allows them to publicly communicate, reproduce, distribute and transform the content of the Project so as to provide the service. Any interference, attempt, violation or illegal activity infringing the intellectual property right laws and/or the prohibitions laid down in the Terms of Use will make the User face the applicable legal consequences and the sanctions foreseen by these Terms of Use, as well as being held responsible for compensating damages caused.

9. Sanctions

Without prejudice to other measures, the Company and/or the corresponding Local Operator, will be able to warn, temporarily suspend or terminate forever the Account of a Registered User, take relevant actions and/or suspend the services provided, if (a) there is infringement or violation of any law, or of any of the terms laid down in the Terms of Use, other Ideame Policies and/or the Particular Terms and Conditions for Creators and/or Backers; (b) the Registered User does not comply with his obligations as such; (c) the Registered User’s identity cannot be verified or any information provided by him is false; or (d) if, in the opinion of Ideame, there have been malicious or fraudulent behaviors or actions. In case of suspension or termination of a Creator’s Account, all related Projects will be removed from the Website.

10. Indemnity

The User will indemnify and hold harmless the Company and/or the corresponding Local Operator, its branches, controlling and controlled firms, directors, administrators, representatives and employees, from any claim or demand from other Users or third parties arising from his activities on the Website or from the non compliance of the Terms of Use, the other Policies understood to be incorporated in the present document and/or the Particular Terms and Conditions for Creators and/or Backers, including reasonable attorneys' fees.

D. Null and Void Clauses

If any clause included in the Terms of Use were total or partially declared void or inefficient in any of the jurisdictions where the Company operates, such voidance or inefficiency will only affect the involved clause or the part of it that is void or inefficient, whereas the rest of the Terms of Use will remain effective, being that clause totally or partially not included or not applicable in the aforementioned jurisdiction.

E. Privacy Information.

In order to make use of the Services offered by Ideame and/or the corresponding Local Operator, those Users who want to become Registered Users must provide certain personal data and give consent to the website to make use of them. Their personal information is processed and stored in servers or in magnetic media with high security standards and physical and technological protection. For more information on Personal Data privacy and the cases when personal information might be disclosed, the User must read our Privacy Policies available at http://www.idea.me/privacy.

F. Scope of Ideame Services

This agreement does not create any partnership agreement, mandate contract, franchise arrangement or employment relationship between the User and the Company and/or the corresponding Local Operator. The User recognizes and accepts that the Company and/or the corresponding Local Operators Do not have a stake in any operation nor have any kind of control on the quality, safety or legality of the published Projects and the truthfulness or accuracy of their characteristics. The Company and/or the corresponding Local Operator cannot ensure that a Creator will complete the published Project and deliver the Rewards promised nor can they verify the identity of the Registered Users or their Personal Data. The Company and/or the corresponding Local Operator do not warrant the truthfulness of advertisements submitted by third parties to the Website and will not be liable for exchanges and/or contracts that the User concludes with the mentioned third parties or with other Users.

G. Frequently Asked Questions.

Answers to Frequently Asked Questions related to the Creators or Backers’ participation are a generic description with general information purposes. Answers to Frequently Asked Questions make no reference to all possible legal, tax, money exchange consequences related with the Creators or Backers’ participation in a Project. Answers to Frequently Asked Questions do not imply in any way legal or tax advice from the Company and/or the corresponding Local Operator. These Terms of Use, as well as the Particular Terms and Conditions applicable in any case will always prevail over the content related to Frequently Asked Questions.

H. Applicable Laws and Competent Jurisdiction.

These Terms of Use shall be governed by and construed in accordance with the laws of each jurisdiction where Ideame operates. The Company and/or the corresponding Local Operator, and the User may submit any dispute that arises from the provision of goods or services comprehended by these Terms of Use, to the Courts or any other Public Federal or State Authority Where the Company and/or the corresponding Local Operators have their legal domicile, unless legally provided otherwise.

Local Operatorsof www.idea.me

Argentina: IDEAME ARGENTINA S.R.L, Juana Manso 205 Piso 7, Ciudad Autónoma de Buenos Aires. CUIT: 30-71194664-7

Chile: IDEAME CHILE SpA, Avda. Los Conquistadores 1700 Piso 27, Región Metropolitana, Santiago de Chile. RUT: 76151445-8

México: IDEAMEME S. DE. R. L. DE C.V. Monte Stanovoi 205, Lomas de Chapultepec, Distrito Federal. RFC: IDE1107182G8

Brasil: IDEAME SERVICIOS DE INTERNET LTDA., Avenida Brigadeiro Faria Lima, 1355, 18º Andar, sala J, Pinheiros, São Paulo. CEP: 01452-919. CNPJ: 14.202.753/0001-94

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