1) Access to Ideas Portal
Use of the Ideas Portal is wholly voluntary and Plasma Futures may restrict or prohibit access to the Ideas Portal in its sole discretion.
2) Confidential Information
- Information provided by Plasma Futures through the Ideas Portal is considered Confidential Information, and includes but is not limited to: a) our response to any submission, b) the status of any project, idea, or enhancement; c) any timelines or project planning details; d) any questions, surveys, polls, or other similar communications designed to obtain user opinions or beliefs; and e) whether or not an idea, enhancement, or other similar such suggestion has or has not been submitted to the Ideas Portal. You agree not to share Confidential Information with any other third party, including any other user of the Ideas Portal without the prior written permission of Plasma Futures. If requested by Plasma Futures, you agree to immediately and permanently destroy all Confidential Information, including any extracts, derivatives, or copies of the Confidential Information.
3) Obligations of the User
In using the Ideas Portal, you agree not to:
- Post any information that you know or ought to reasonably know is misleading, false, or inaccurate, harassing, or intended to cause damage or harm to others.
- Post any trade secrets or confidential information belonging to third parties or any material that infringes on any such third parties’ intellectual property rights.
- Post any content, including any programs or software code, that you know or ought to reasonably know contains any harmful code, including but not limited to any virus, worms, time bombs, Trojan horses, or may have the effect of causing disruption, delay, crashing, flooding, or instability to the Ideas Portal.
- Attempt to reverse engineer all or part of the Ideas Portal, or take any action that might reasonably compromise the security or integrity of any data stored in the Ideas Portal.
- Engage in any conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any city, state, national, or international laws or regulations, including but not limited to violating any export control or securities laws.
4) Ownership of Information
- In submitting any information through the Ideas Portal you grant Plasma Futures a royalty-free, worldwide, transferrable, sublicensable, fully paid up, and perpetual license to use or incorporate into any Plasma Futures product or service, regardless of whether they currently exist or have been released, any feedback, suggestion, idea, recommendation, or enhancement request made, contained in, or implied from any submission made by you. To the extent that you have any intellectual property rights to all, or part of the idea submitted, wherever possible by law you irrevocably agree to assign all such rights to Plasma Futures in perpetuity immediately upon your submitting of the idea.
- You agree only to submit personally identifiable information about yourself if required to do so by Plasma Futures. In the event you submit any personally identifiable information about any other individual, you are responsible for obtaining any necessary consent from that person to submit that personally identifiable information to us. We will retain and process that information only as required to fulfill the purpose of reviewing, evaluating, and responding to your submission.
- As the Ideas Portal, or portions of it, may be hosted by Aha! Labs Inc., personally identifiable information may be processed by them from time to time. Aha! Labs Inc. is based in the United States of America. By using the Ideas Portal you consent to our use of Aha! Labs Inc. as a data processor. Further information about their handling of such personally identifiable information can be found at: https://www.aha.io/legal/security/gdpr.
5) Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER PLASMA FUTURES NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, OR SHAREHOLDERS SHALL NOT BE LIABILE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF PLASMA FUTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PLASMA FUTURES SHALL IN NO CASE EXCEED US$1.00.
- EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DESCARTES MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, ACCURATE, OR ERROR FREE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, DESCARTES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFIRNGEMENT. THE ENTIRE RISK FROM USE OF THE SITE, SERVICE, AND/OR THE SITE CONTENTS RESTS WITH YOU.
- A cookie is a small file of letters and numbers downloaded on to a device when the user accesses certain websites. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent or to delete any cookies already on your device, however some website features or services may not function properly without cookies.
- By using the Ideas Portal you agree that we and Aha! Labs Inc., as the case may be, may utilize and place cookies on your device for the above-described purposes.
- Plasma Futures may, on occasion, need to send you information about the Ideas Portal. The messages may be related to your account, responses and status updates to suggestions made by you, or technical or security messages related to the Ideas Portal.
- If you provided your consent to receive commercial electronic messages, you may also receive marketing messages about other Plasma Futures products and services. You may withdraw your consent at any time by unsubscribing from a received email or by advising us in writing of your change in preference.
- Your use of the Ideas Portal shall be governed by the laws of the Commonwealth of Pennsylvania, and you agree to submit to the jurisdiction of the federal or state courts pertaining to Philadelphia, Pennsylvania to resolve any dispute arising from your use of the Ideas Portal.
- These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and Descartes relating to the use of the Ideas Portal or any ideas, recommendations, suggestions, or enhancement requests made to Plasma Futures.