Terms of Service

IDEADASH INC.

Effective June 30, 2016

BETA WARNING: This site is currently in a beta launch. Please be aware that site policies are fluid and may change at any time. We may not strictly adhere to the processes, procedures, policies, and systems set forth in this Terms of Service due to technical issues, unforeseen circumstances, or simply something we overlooked. Also, be aware that site service and functionality may be sporadic, unreliable, buggy, and/or slow. This early launch is an opportunity for you to experience this brand new platform, and is a huge help for us because we're getting valuable usage trends and/or feedback from you or people like you. Please email comments, feedback, or suggestions to feedback@ideadash.com - Please email questions, issues, or anything else to help@ideadash.com - Thank you for making ideaDash a success.

This document, the Terms of Service, control end-users' use of IDEADASH INC.'s site and service and their relationship with IDEADASH INC., a Delaware corporation (hereafter it may be called "IDEADASH"). In using IDEADASH.com or any of IDEADASH's services users agree to these Terms of Service, the Privacy Policy, and all laws that they are subject to. IDEADASH can change these Terms of Service at any time. If they does update these terms they will post the update on the page where their Terms of Service is located. Any use of our site means that you accept the most recent posted Terms of Service.

Defining Certain Terms, Service Features, and Service Functionality

Those posting ideas are "idea posters" and ideas raising funds are "ideas". Those who give funds toward ideas are "backers". Those who propose idea implementations are called "implementation proposers". Those implementation proposers who win more backer votes than any other option for a particular idea are call "implementers". Implementers then go on to implement the idea according to their posted plan to implement the idea, called their "implementation proposal". Other people using the site, including but not limited to the previously mentioned people, are called "users". A calendar month is a "month" and starts on the first and ends anywhere between the end of the day on the 28th to the 31st of the month depending on the given month. Much of IDEADASH is run on a monthly schedule, so much of the components of the site and/or service, such as fundraising for ideas, starts on the first of each month and runs through the end of that month. Each of the monthly components start over at the beginning of each new month, so while phase two is starting, a new phase one is starting at the same time for example.

IDEADASH is a Platform

IDEADASH is platform for those seeking to raise funds for their ideas, to raise funds towards the ideas of others, and to implement others' posted ideas or their own posted ideas. At any time throughout a month, people may post an idea (restrictions apply, as described below), and during that month the idea raises funds from backers. After that month the idea can no longer raise funds on the platform. During the first twenty-one days of the second month the idea can receive implementation proposals from implementation proposers. Throughout the second month and until the end of the second month, backers each have one vote that they may put towards an implementation proposal or other options. They may be able to change their vote during this time. After the end of the second month, the option with more votes than any other, if there is one, is proceeded with. After funds are collected and up to the fortieth day after the second month some or all of the funds will be dispersed into users accounts. At that time the funds may be automatically sent to users, or a request may be required from the user, in which case IDEADASH has up to ten business day to pay out those funds. Typically, 2.9% + 30 cents (USD) or 5% + 5 cents (USD) will go to the payment provider for each transaction processed as a transaction fee. After this, percentages of the raised funds, after any and all transactions fees, will be given out in the following ways: the idea poster will receive 10% of the funds, IDEADASH will receive 5% of the funds, and the eventual implementer, if any is successfully voted to become an implementer, will receive 85% of the funds. When receiving paid out funds, idea posters and implementers may incur additional transaction fees that can lessen the funds that they will receive. People who post ideas are not necessarily the ones who implement the idea; rather, all backers of an idea get one vote towards an implementation proposal and the one implementation proposal that gets more votes than any other option gets most of the money and the implementation proposer who is now the implementer must implement the idea according to their implementation proposal. IDEADASH may not and will not be held responsible if an implementer does or does not, in whole or in part, execute their implementation proposal. IDEADASH is not responsible for any ideas posted, comments posted, implementation proposals posted, or any implementation or implementation attempt of anything posted on the site. Please note that the implementation proposal can be quite different from the original idea, and this is allowed and even encouraged in some cases. An implementer needs to follow the implementation proposal that they have submitted, not the original idea. After the second month, the voting month, the following can happen depending on whether one option gets more votes than all of the others or not. If no votes are cast, or if there is a tie in the top option for the number of votes, no one will become the implementer at that time and the idea will keep its funds for the next month to see if it gets proposals or votes on those proposals, and then the idea progresses as before if an implementation proposal receives more votes than any other option. If no option receives more votes than any other than the idea can continue to revert to the implementation proposal phase at the beginning of each new month for multiple months. IDEADASH reserves the right to stop this process of continually waiting for the idea to get an implementer after the end of any given month, at which time IDEADASH will return only the portion of the funds, or an equivalent virtual currency, that is equal to the amount of funds that would have gone to an implementer, to the backers. The voting may also have two other options for backers who are not satisfied with any of a given idea's implementation proposal(s). Backers may also vote to extend the idea for another month for more, other, existing, or updated implementation proposals to be submitted, or backers may vote to cancel the idea's backing and get back part of the funds they gave, either real or as virtual currency. They will only get funds back in the amount that would have gone to an implementer of the idea. In any event, if any of these two options or one of the implementation proposals gets more votes than any other option, that is the option that will be proceeded with. IDEADASH makes no claims about the usefulness, value, veracity, soundness, goodness, rightness, legality, viability, or marketability of any Idea, Implementation Proposal, Funding Vehicle, Comment, or Funds or claims therein. IDEADASH does not claim that implementer(s), or for that matter, idea poster(s), user(s), or implementation proposer(s), will carry out any or all implementation proposal(s), idea(s), or comment(s); or that funds will or will not be used in any particular way. Any use of the site and/or service is at one's own risk.

Time Zones

Days begin and end according Coordinated Universal Time, also called UTC. This means that days and months start and end at midnight UTC time. Certain functions of the site, potentially including funding periods and contest periods, will be controlled by this timing, and those controls will happen on or near UTC time standards.

Restrictions and Requirements for Use

Users must be 18 or older to use the site, unless they have consent and are 13 or older. Users under 18 must have the consent of a parent or legal guardian in order to use the site, and in allowing the minor to use the site, a parent or legal guardian will agree for themselves and their minor to obey these Terms of Service. Any user may be blocked from using the service for any or no reason, and then may not be able to use the site or service. IDEADASH may make it so that anyone may not use the site or service, or any or all particular features of the site or service, at any time, for any reason or no reason. IDEADASH may delete, hide, or end any idea, implementation proposal, implementation in process, funds, comments, user content, any or all site features, the entire site or service, or part of the site or service at any time for any reason or no reason and with no responsibility for such actions to any party.

Prohibited Ideas, Implementation Proposals, Implementations, and Comments

Users shall not post an Idea, Implementation Proposal, Implementation, or Comment that is illegal, harms someone, may harm someone, may cause someone's harm, may defraud another, or makes false statements. This is a "PG-13" site, which means that users are not allowed to post anything that is not suitable for someone who is thirteen years old. IDEADASH will make all final decisions in regards to what it deems appropriate on its site.

Other Prohibited Content

User content is not allowed to cause, provide, encourage or promote any of the following: anything illegal, or that would be illegal if carried out, anything that would harm another or their property.

User Rules

IDEADASH is meant to be a positive platform. Please obey the golden rule with all user content and message and do unto others as you would have them do unto you. Do not do any of the following:

  1. Promote hate, violence, or discrimination of any kind or of any form.
  2. Post text, images, links, or videos directly or indirectly to content that is hateful, pornographic, illegal, violent, or sexual.
  3. Post comments or any other content that may be considered spam.
  4. Hack IDEADASH's site or service, perform Denial of Service attacks, or do anything else that may disrupt our service.
  5. Claim that something is yours when it is not.

IDEADASH may delete or pause Ideas, Comments, Implementation Proposals, or any other user content, and/or delete or pause Users and their Accounts for doing any of these prohibited things, or for any other reason or for no reason.

User Rights and Duties

Users may retain any and all previously obtained rights, such as copyrights or patents, that they had before they published any content on IDEADASH. However, when a user posts content to IDEADASH, they may choose to put a copyright notice with that content at that time: this may help give the poster of the content copyright protection for the text of the content; however, it is in no way IDEADASH's responsibility or obligation to enforce any of those copyrights except where required by law. In regards to concepts revealed in user content: ideas cannot be patented per se; however, when ideas are posted to the site, to the extent that concepts within the idea may be patented, they may no longer be patentable if not previously patented, because they may become part of something called "prior art" which deems them not patentable. (please see https://en.wikipedia.org/wiki/Prior_art for details on the concept of prior art) Prior art typically includes anything published, and under U.S. patent law things previously published may no longer be patented if not already patented. Once you post content or an idea to the site, your content or idea has no protection in regards to who can use the content or idea other than protections you obtained for the content or idea prior to you posting (and thereby publishing) such content or idea. If you do not want others to use your idea or content, we highly recommend that you do not post it on IDEADASH. When you post your content or idea on IDEADASH, you are agreeing that anyone can use the idea, owing nothing to you in return, unless you have a prior patent or other protection on the idea. If you have a prior patent or other protection on the idea, you have a duty to disclose this protection in textual form alongside or within the text and/or other media of the protected content or protected idea.

Implementer Agreement

In posting an implementation proposal, all potential implementers have agreed to the following:

'I agree to the following terms, conditions, and agreement(s), as well as any current terms of use and privacy policy for ideadash.com, as amended from time to time.

This is the one and only proposal that you can submit this month for this particular idea. The implementation proposal you submit is part of a potential legal agreement between the funding backer(s) of the listed idea and you. If your proposal gets more votes from the backer(s) than any other option for this idea during the voting period, you become the "chosen" implementer and you need to make a good faith effort to implement this idea according to your submitted implementation proposal.
In order to post your proposal you must be 18 years old or older.
If and when you become the "chosen" implementer, it is at that time that you enter into the following legal agreement with the idea's backer(s) (ideaDash inc. is in no way a party to this agreement. ideaDash inc. will not be held liable, under any circumstances, for any failure of a chosen implementer to carry out an implementation proposal.):
"I am the chosen implementer for a particular idea on ideadash.com, and I agree to make a good faith effort to carry out the idea based on the details specified in the implementation proposal that I posted for this idea on ideadash.com. In the event that I cannot carry out this implementation, I need to notify the backer(s) of this idea promptly as such, and then make my best effort to satisfy their desires in an alternate way, or refund to them all of the money that I received from ideadash.com to carry out this implementation. I agree to try as best I can to faithfully carry out my implementation proposal before I seek any of the previously mentioned alternatives. In any event, if any backer feels that I have not met my obligations to do one of the following: to make a good faith effort to carry out my implementation as proposed, to carry out a satisfactory alternative implementation, or to fully refund the money received from ideadash.com back to the backer(s); the backer(s) may take any and all legal action against me, and only against me, to recoup from me the money I received from ideadash.com to carry out my posted implementation proposal, and I must give it back to the backer(s) in proportion to the amount that an individual backer supported the idea."
By posting your implementation proposal you agree to these terms and, in the event that you are the chosen implementer, agree to be subject to the above agreement between you and the backer(s).'

Disputes Between Implementers and Backers

Implementers are under legal obligation to perform that which was written in an implementation proposal that has won more votes than any other option at the end of a voting month. IDEADASH is under no obligation to take any action against an Implementer who does not faithfully carry out his or her implementation proposal, as that is the sole responsibility of the backer(s) for a given idea. IDEADASH also is under no obligation to take any action against an Implementer who faithfully carries out his or her implementation proposal. IDEADASH is also not responsible, or under any obligation, under any circumstance, to take any action against a User, Idea Poster, Implementation Proposer, or Implementer for any or no reason, except as required by law.

Users

Each person may only have and may only use one user account. Any funds, contest rewards, other payments, or any other items, whether virtual or real, of value or not, given by IDEADASH's users, given by IDEADASH itself, or given on IDEADASH's site or platform, may be cancelled and taken by IDEADASH if IDEADASH finds that a user has created more than one account or used more than one account.

Allowance of Site and Service Use

IDEADASH allows users to use the site and service, but in using the site and/or service users must agree that they will follow these Terms of Service and agree to our separate Privacy Policy.

Idea Posters

Ideas Posters must not post anything illegal, or that would be illegal if carried out. Anything they post may be deleted by IDEADASH with or without reason. Any Idea Poster's user account may be deleted with or without reason. Idea Posters are solely responsible determining taxability of any funds received on or through the site and for paying those taxes.

Implementers

Any implementation proposal must be submitted by someone who is 18 years old or older, since they are legally bound to carry out the implementation if they are voted in to become the implementer: this age is the age of majority and means that they can enter into a legal agreement with the backers. Implementers must do what they said they would do in their implementation proposal. Implementers should reply to any question asked of them by IDEADASH or any Backer. If an implementer cannot do what they said the would do in their implementation proposal, they must do something instead that best satisfies the backers requests, to the full and complete satisfaction of the backers, or they must refund the backers the money they received from them. But an implementer should make every effort to carry out their implementation proposal before they refund any money, unless all of the backers request otherwise. Implementers must obey the law in all of their IDEADASH related endeavors. Implementers are the ones that need to pay any and all taxes related to funds received from IDEADASH.

Backers

Backers must ask questions, look into, and be fully satisfied with all Implementation Proposers, Implementation Proposals, and Ideas to the extent they feel is necessary before funding an idea. These things may not be done by IDEADASH, and IDEADASH will not be responsible for any errors, omissions, inaccuracies, or fraud in any of these Implementation Proposals or Ideas. Backers understand that no satisfactory Implementation Proposer may ever come forward or post an Implementation Proposal, an Implementer may get chosen who they do not desire, or an Implementation Proposer who they do desire might get passed over due to the nature of voting on the platform. No one has to back anything, and any backing decisions are the decision of the backer. IDEADASH makes no statements or assertions that funds will be used in a manner that they were assured they would be used by any Implementation Proposers, that Implementers will carry out their Implementation Proposal faithfully, or that the idea or implementation as carried out will achieve its goals, or any perceived goal(s) that Backers may have or have had for the idea or implementation proposal.

Fees

Our service fee is 5% plus any fees from our third party payment provider(s), which may typically be 2.9% + 30 cents (USD) or 5% + 5 cents (USD). This fee is taken from any funds that are put towards ideas. The payment provider fee is taken first, and then the 5% fee and the payouts are calculated from that net amount. IDEADASH may take or pay out up to 5 cents (USD) more or less than an exact calculated fee. IDEADASH may change these fees at any time, and if they do so they will go into effect when posted in this Terms of Service. The payment provider fees are flexible and will be whatever we pay the payment provider to use their service, plus or minus up to 5 cents (USD).

Refunds

IDEADASH reserves the right to not offer any refunds for any funds under any circumstances. All backer idea fundings are final, and all transactions are final, except, possibly, in the rare circumstance that IDEADASH may choose to make an exception to this rule.

Tax Responsibility

In order to make payouts to any users, either with real or virtual currency, IDEADASH may be required to request tax identification numbers of any user so that we may pass this and any required payout information to necessary governmental entities. IDEADASH reserves the right to restrict payouts to users if they do not supply requested tax identification numbers.

Content Agreement

Any content, whether text, image, video, or any other content, posted by a user on IDEADASH's site or service, may be used by IDEADASH or anyone IDEADASH transfers this right to, in any way, in perpetuity, and throughout the whole world and universe. A user may use the content elsewhere and retains all rights to the content except the right to restrict IDEADASH and its assigns from using it in any way that they see fit. A user may not post any content which he or she does not have the right and/or copyright to post, and a user may not post anything illegal.

Promotions

IDEADASH may offer promotions, sweepstakes, or contests which will be governed by separate Terms and Conditions as posted from time to time.

Third-Party Links and Services

Any third-party links, services, or references which are posted by IDEADASH or its users are not endorsed by IDEADASH and not governed by this Terms of Service or our Privacy Policy. Users of IDEADASH must accept all risk associated with the sites and services that they choose to use which are not owned or operated by IDEADASH. IDEADASH assumes no responsibility or liability for any users or non-users use of anything not directly owned and controlled by IDEADASH.

Payments

Payments may be made using PayPal, and if so, users are agreeing to PayPal's relevant Terms and any other of PayPal's required conditions. In all cases, standard credit card or other third party processing fees may apply in addition to any service fees.

Service Limitations

IDEADASH is committed to obeying U.S. law. Any of our service and site is subject to change, blockage, or disruption at any time and in any way to remain in compliance with U.S. law, and possibly the laws of other countries. In any cases when the U.S. mandates or has mandated that IDEADASH and/or U.S.-based companies can or cannot do something, IDEADASH can restrict or end service to certain peoples or geographies at any time, without liability. Due to U.S. trade and/or other U.S. laws and/or IDEADASH's discretion, IDEADASH cannot trade with and is forbidden to service the countries of and people within Cuba, Iran, Lebanon, Syria, North Korea, Libya, Sudan, and Somalia. Also, IDEADASH may exclude other countries and/or peoples at any time at its sole discretion. There may be certain individuals that IDEADASH will not service or payout to for legal reasons or discretionary reasons. In addition, IDEADASH may choose to only service no more than those countries serviceable by PayPal's or another third-party payment provider's payment system. IDEADASH is limited to servicing in U.S. dollars and certain countries according to the capabilities of PayPal and the discretion of IDEADASH, but IDEADASH may choose to include other currencies or countries in the future as they desire, if serviceable by the systems that IDEADASH employs. IDEADASH reserves the right to not provide a list of all of the countries that they will service, as it is fluid and potentially changing at any time. As a minumum, IDEADASH will always attempt to service the United States of America.

Indemnification

If IDEADASH is ever involved in a lawsuit due to any actions of any of its users, that user must fully defend and not allow IDEADASH to be held liable for any damages, compensation, or any other monetary or non-monetary reward or punishment as required from any courts to any person.

No Warranty

IDEADASH makes no warranties about the performance of the site or services. This site is provided "as is" and may not perform in any particular way, ever. We make efforts to have it perform well, but it may not. This site may not be useful for any purpose and any and all risk of using this site lies with the user, not with IDEADASH. There will never be a warranty from IDEADASH or any other party for use of the site or services, even if another agreement may say otherwise.

Limitation of Liability

IDEADASH and any of its employees or related persons do not have liability to any users of the site or service in any circumstances, as that liability is restrictable to the fullest extent under the law. In any event, if any court deems IDEADASH liable for anything, the amount that we can be made liable for anything shall not exceed one hundred U.S. dollars ($100.00) in total for any and all suits, combined.

Assignment

These Terms of Service may be assigned by IDEADASH or its assigns to any other entity in any and all cases at the sole discretion of IDEADASH or its assigns. This shall be allowed without regard to any dissent from any user of the service toward the assignment.

Termination and Survival

If a user terminates their user account for any reason, the terms of this agreement shall still survive and bind the user, in any and all circumstances; however, IDEADASH reserves the right to free a user from such binding in its sole discretion.

Governing Law

The user agrees that this site and its functions are only headquartered in Pennsylvania, as it is situated in the United States of America. The user agrees that in any and all circumstances, except at the exception solely of IDEADASH's accord and decision, this Terms of Service agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles.

Disputes

The user and IDEADASH agree that any and all disputes shall be resolved outside of the courts and without interference from any third parties if at all possible. If no other resolution can be found, any issues arising from this Terms of Service shall be settled in the courts of and according to the laws of the State of Delaware, in the United States of America.

Disclaimers

In using this site, users are solely responsible to obey all applicable laws, including but not limited to paying any applicable taxes on any funds received from the site and/or service.

English Language

In the event that there are any non-English language versions of this Terms of Service, the English language version will always be the only and final authority for any questions or issues regarding the Term of Service.

Information Disclosed to IDEADASH

Any time any person posts, sends, emails, or otherwise discloses any content, ideas, or information to IDEADASH in any form or to any of its related people (such as employees) or in any way, these content, ideas, and/or information are considered unsolicited, and IDEADASH has the full right to directly use, add to, subtract from, and modify those content, ideas, and/or information to improve, add to, or modify IDEADASH, at IDEADASH's sole discretion, with no credit, payment, money, or attribution owed to the person who sent IDEADASH the content, ideas, or information, even if the user says that such information is confidential or requiring any payment or fees of any kind from IDEADASH. However, IDEADASH will try to credit the originator of such content in many or most cases, at its sole discretion. Also, while IDEADASH has the freedom to use the content as it wishes, the person who originated the content retains all other protections for the content, such as any copyright protections, other than those protections which would prohibit IDEADASH's use of the content.

Entire Agreement

This agreement contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.

Severability

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. If IDEADASH does not act upon any part of this agreement, that part of the agreement shall still be in full force along with all other parts of the agreement.

Changes to Terms of Service

IDEADASH may change these Terms of Service at any time without warning, and when it does so the user shall be bound by the updated terms. The updated terms shall be posted in IDEADASH's Terms page on its website.

Contact

If there are any questions regarding this Terms of Service you may contact us using the information below.

www.ideadash.com

Attn: Terms - ideaDash - PO Box 309 - Dallastown, PA 17313 - USA

terms@ideadash.com

There have been Terms of Service changes. This page was Last Updated on 2016-06-30

You can see older version(s) of our Terms of Service here:

Last Edited on 2016-05-31: https://medium.com/@ideaDash/terms-of-service-ea3c58a3b3fc#.907pqzliz