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Terms of Use

Last updated: May 10, 2013

You have connected to the Superior Ideas website, an online service of Michigan Technological University ("Michigan Tech", "we", “our” or "us"). This page explains the terms by which you may use our services. PLEASE READ THESE TERMS AND CONDITIONS (THE "Agreement" OR "Terms and Conditions" or “Terms of Use”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY MICHIGAN TECH. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE WEBSITE FOUND AT www.superiorideas.org (THE "Site") AND THE WEB-BASED SERVICE OWNED AND OPERATED BY MICHIGAN TECH (COLLECTIVELY WITH THE SITE, THE "Service"). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, REGISTERING AS A USER, OR UPLOADING CONTENT TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS (THE “USER”) OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE (THE “PROJECT OWNER”). By accessing or using the Site, Service, and any software provided through or in connection with the Site or Service, you signify that you have read, understood, and agree to be bound by this Agreement , whether or not you are a registered user of the Service.

We reserve the right to amend this Agreement at any time and without notice. If amended, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms of Use or any future Terms of Use, do not use or access (or continue to access) the Service.

Intent of Superior Ideas Website

Superior Ideas is a venue for the scientific community to interact with others, share information, and raise funds for new or on-going research projects. At its sole discretion, Michigan Tech allows certain Users (“Project Owners” as defined in Posting a Project) to list projects (“Project”, “Projects”, “Posted Project” or “Project Postings”) and raise funds from the other users (“Donor” or “Donors”). All funds (“Contributions”) are collected for Project Owners by our third-party payment processor (“Processor”).

Registering

You do not have to register to visit the Site, however, all visitors to the Site, whether registered or not, are “Users”. To access certain features of the Service, such as posting, commenting, and submitting questions to researchers, you will need to register with Michigan Tech and create an account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Michigan Tech immediately of any breach of security or unauthorized use of your account. Although Michigan Tech will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Michigan Tech or others due to such unauthorized use. You must never use another User’s account without permission.

Making a Contribution

Through the Service, Users have the opportunity to make Contributions in support of Projects. You may contribute to any Project accepting Contributions, subject to a $1 minimum. Your Contribution will be made payable to the Michigan Tech Fund (“Tech Fund”) collected via credit card payments or by its third party vendor, PayPal. All Contributions are nonrefundable and are immediately collected and are thereafter paid to the Project Owner whether the Project Owner’s goal amount is met, or not.
The Michigan Tech Fund is a not-for-profit, tax-exempt 501(c)(3) corporation established under the laws of the State of Michigan. Providing support to this Service, the Tech Fund will act as the funding agent or Processor, collecting payments and disbursing them to the appropriate Project Owner. It is the policy of the Tech Fund that a portion of the gifts and/or income therefrom may be used to defray the costs of raising and administering the funds. Michigan Tech does not, at any time, receive or hold monies intended for Project Owners, unless Michigan Tech is the Project Owner.
Michigan Tech and the Tech Fund make no guarantees regarding the performance or fairness of PayPal. They also cannot guarantee full receipt of the total pledged amount due to declined credit card payments. You acknowledge and agree that all Contributions are between you, the Project Owner, and the Tech Fund or PayPal only (depending on which processor you use for payment), and Michigan Tech is not responsible for contribution transactions, including without limitation, any payment or personal information you provide to the Tech Fund or PayPal.
It is the Donor’s sole responsibility to determine whether their Contribution meets the federal requirements of a deemed “Charitable Gift”. Michigan Tech makes no representations regarding the deductibility of any Contribution for tax purposes. Consult a qualified tax professional for additional information.
As a Donor, when providing your contact and billing information, you must provide accurate and complete information. By providing Michigan Tech your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
It is solely your choice to make a Contribution to a Project. Your Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights. Project Owners shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in their sole discretion. Nothing within this Agreement or otherwise limits Michigan Tech's right to enter into agreements or business relationships relating to Projects. Michigan Tech does not guarantee that any Project's fund goal will be met. Michigan Tech does not warrant the use of any Contributions or the outcome of any Project.

Posting a Project

Michigan Tech may provide Project Owners with the opportunity to post a Project on the Site to present and share certain information about the Project and elicit feedback and Contributions from Users. While Michigan Tech posts your Project for your institution, the Posted Project is considered User Content (as defined below), and is subject to all the terms and conditions relating to User Content in this Agreement. It is a breach of this Agreement to post any false or misleading information on the Site.

We reserve the right to change the Terms at any time upon notice to Project Owners. If a Project Owner does not accept a change to the Terms, the Project Owner’s sole remedy shall be to terminate their Project Posting.

Use of Service

Michigan Tech grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Michigan Tech servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.

Michigan Tech may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Michigan Tech's sole determination, you violate any Terms and Conditions of the Agreement. Upon termination for any reason, you continue to be bound by the Terms and Conditions of this Agreement.

Michigan Tech shall not be liable for your interactions with any organizations and/or individuals found on or though the Michigan Tech service. Michigan Tech does not oversee the performance or punctuality of projects and is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Michigan Tech is under no obligation to become involved in disputes between any User who chooses to make a Contribution, any Project Owner and any other User, or between Users and Project Owners and any third party. In the event of a dispute, you release Michigan Tech, its trustees, affiliates, officers, directors, employees, students, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Rules and Conduct

Though Michigan Tech cannot be held liable for the actions of Project Owners or Users, all Project Owners are nevertheless wholly responsible, to the best of their abilities, for fulfilling obligations both implied and stated in any project listing they create. Michigan Tech reserves the right to remove a Project from the Site for any reason. Michigan Tech makes no guarantees regarding the performance or fairness of payments. Additionally, because of occasional failures of some credit cards, Michigan Tech cannot guarantee the full receipt of the targeted amount. If your Project receives a Contribution you agree to acknowledge Michigan Tech in any acknowledgements or press releases related to the Project.

User Content/License Grant/Proprietary Rights

User Content

Some areas of the Service may allow Users to post feedback, comments, questions, and other information. Any such postings, together with Project Postings (which may include images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc.) , constitute "User Content." You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "Post") on the Service, and you agree that the Service only provides a passive conduit for online distribution and publication of User Content. You must be the owner of all the Intellectual Property Rights (as defined below) in any User Content you Post, or have explicit permission from the owner(s) of all such rights to Post the User Content on superiorideas.org.

You agree not to Post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Michigan Tech reserves the right, but is not obligated, to reject and/or remove any User Content that it believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America, or any other rights organization.

Michigan Tech takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Michigan Tech is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Michigan Tech shall not be liable for any damages you allege to incur as a result of such User Content.

You are solely responsible for your interactions with other superiorideas.org Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

For the purposes of this Terms of Use agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Michigan Tech respects others intellectual property, and we ask all users to do the same.

Michigan Tech Proprietary Rights

Except for your User Content, the Service and all Michigan Tech materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any Michigan Tech User Content attributable to Michigan Tech, and all Intellectual Property Rights related thereto, are the exclusive property of Michigan Tech and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Michigan Tech Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

License Grant

Whether Michigan Tech or the User uploads the User Content to the website, Michigan Tech will not have any ownership rights to the User Content. By posting, either directly or indirectly, any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Michigan Tech a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
In addition, subject to the Terms and Conditions, you are hereby granted a non-exclusive, limited, personal license to use the Service. Michigan Tech reserves all rights not expressly granted herein in the Service and the Michigan Tech Content (as defined below). Michigan Tech may terminate this license at any time for any reason or no reason.

Use of Widgets/Code

Michigan Tech may give you the opportunity to post a "widget," or code that creates a Michigan Tech graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of Michigan Tech code/widgets is subject to this Agreement, that you will not post any Michigan Tech code/widget on a web page containing content that is prohibited under the "User Content" section of this Agreement, and that you will remove all Michigan Tech code/widgets immediately upon termination of this Agreement.

Eligibility

This Service is intended solely for Users who are at least eighteen (18) years of age, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. Michigan Tech may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Security

As part of the Service, Michigan Tech has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. As a condition of use of the Service, you acknowledge that you provide your personal information at your own risk.

Your Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and Michigan Tech's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

Third Party Sites, Advertisers or Services

This Service may permit you to link to third-party websites or resources on the Internet, and other websites or resources may contain links to the Site, which are not owned or controlled by Michigan Tech. When you access third party websites, you do so at your own risk and you understand that this Agreement and Michigan Tech's Privacy Policy do not apply to your use of such sites. You expressly relieve Michigan Tech from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found through this Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Michigan Tech shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware, when you leave the Service, to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Michigan Tech and its trustees, officers, affiliates, directors, employees, students, agents and successors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) and losses arising from: (i) your use of and access to the Site, including any data or work transmitted or received by you; (ii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties listed above; (iv) any claims or damages that arise as a result of any of your User Content or any that are submitted via your account; or (v) any other party’s access and use of the Service with your user name/password; (vi) your violation of any law, rule or regulation of the United States or any other country. The foregoing indemnities shall apply regardless of the legal theory asserted or proven.

No Warranty

Use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis and is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, or non-infringement. Without limiting the foregoing, Michigan Tech, its subsidiaries, and its licensors do not warrant that the content is accurate, correct or reliable; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is obtained at your own risk and you will be solely responsible for any damages to your computer system or loss of data that results from such download.
Michigan Tech doesn’t warrant, guarantee, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Michigan Tech Service or any hyperlinked website or service, or featured in any banner or other advertising media, and Michigan Tech will not be a party to or in any way monitor any transactions between you and a third-party provider of products or services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICHIGAN TECH, ITS TRUSTEES, OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES, STUDENTS, AGENTS, SUCCESSORS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MICHIGAN TECH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR CONSTITUTION, MICHIGAN TECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MICHIGAN TECH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MICHIGAN TECH HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MICHIGAN TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Michigan Tech makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Assignment

This Agreement, and any licenses and rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Michigan Tech without restriction.

Governing Law

You hereby agree that the Service shall be based solely in Michigan and is a passive one that does not give rise to personal jurisdiction over Michigan Tech, either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Michigan Tech that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Michigan.

Integration and Severability

This Agreement, together with any other legal notices and agreements published by Michigan Tech via the Service, shall constitute the entire agreement between you and Michigan Tech concerning the Service, and thus supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic). If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No wavier of any term of this Agreement shall be deemed a continuing waiver of such term or any other term, and Michigan Tech’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Gifts to projects listed on SUPERIORIDEAS.ORG are received and processed by Michigan Tech Fund. Michigan Tech Fund is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code acting on behalf of Michigan Technological University. It is the policy of Michigan Tech Fund that a portion of the gifts and/or income therefrom may be used to defray the costs of raising and administering the funds.