IDEO LLC's Terms and Conditions of Use ("TOU" or "Terms")
Table of Contents
1. Modification of TOU
2. Eligibility
3. Payment Terms
4. Grant and Restrictions on Use
5. Acceptable Use Policy
6. Digital Millennium Copyright Act ("DMCA") Infringement Notification Procedures
7. Third Party Sites, Services and/or Resources
8. Termination
9. Disclaimer
10. Liability
11. Governing Law and Jurisdiction
12. General Provisions
13. Contact Information
IDEO LLC and/or its related, parent, affiliated or subsidiary companies ("IDEO") owns and/or operates the internet site located at https://dreadzone.vip/ ("Site"). These Terms apply to your access to, and use of, the Site and features and applications accessible through, or in connection with, the Site, including without limitation your enrollment in any newsletters, activities, surveys, and questionnaires (collectively, the "Services"). Certain Services, some of which may be provided by third parties, may be subject to additional terms and conditions (collectively, "Additional Terms") as may be set forth in these Terms, on the Site, or in connection with your use thereof, and your use of the Site and such Services constitutes your agreement to all applicable Additional Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH IDEO, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES AND SERVICES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, IDEO'S PRIVACY POLICY AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1. Modification of TOU
IDEO reserves the right to change or modify any of the terms and conditions contained in the TOU at any time and in its discretion. If IDEO changes or modifies these Terms, IDEO will post the changes to this TOU on the Site and will indicate at the top of this page the date this TOU was last revised. We may also choose to notify you of any material changes or modifications to the TOU through your email address that you have used to register on the Site. Any changes or modifications will be effective immediately upon posting of the revisions to the Site. Your continued use of the Site following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to this TOU and to review such changes. If you do not agree to the amended TOU, please discontinue using the Site. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2. Eligibility
Children (persons under the age of 18) are not eligible to use the Site or any Services in any way. Users may not submit any personal information about or identifying children in any way, and IDEO has the right to discontinue access to the Site or any Services in the event a user does so. In any case, you affirm that you are at least 18 years of age. If you are under 13 years of age, do not use the Services. If IDEO learns that you are under 13 and your personally identifiable information has been collected, then we will delete your Account (defined below) and all personal information associated with it.
3. Payment Terms and Refund/Deferral Policy
IDEO will not collect any payments or payment information from you on this Site. Do not send any financial or payment information to IDEO through the Site.
4. Grant and Restrictions on Use
IDEO grants you a limited, non-exclusive, non-sublicesable, revocable right to use the Site for its intended purpose provided that you have consented to IDEO’s Privacy Policy at www.ideo.com/privacy and the use of your personal data according to that policy. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Site or the content on the Site.
5. Acceptable Use Policy
You are prohibited from posting or transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.
You are also prohibited from:
6. Digital Millennium Copyright Act ("DMCA")
Infringement Notification Procedures
It is IDEO's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
To file a copyright infringement notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
To expedite our ability to process your request, such written notice should be sent to our designated copyright agent via email at copyright@ideo.com or via regular mail to the following address:
IDEO LLC
2525 16th St.
San Francisco, CA 94103
Attn: Legal / IDEO DMCA copyright infringement notification
For clarity, only DMCA notices should go to the IDEO designated copyright agent. Any other feedback, comments, requests for technical support or other communications should be directed to IDEO through experiments@ideo.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that under Section 512(f) of the DMCA, any person who materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorneys' fees). Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification Procedures
The process for counter-notifications is governed by Section 512(g)(3) of the DMCA. To file a counter notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(g)(3) of the DMCA to confirm these requirements):
Send the written communication to our designated copyright agent via email at copyright@ideo.com or via regular mail to the following address:
IDEO LLC
2525 16th St.
San Francisco, CA 94103
Attn: Legal / IDEO DMCA copyright infringement notification
Please note that under Section 512(f) of the DMCA, any person who materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain material infringes the rights of others, we suggest you consult your legal counsel.
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
7. Third Party Sites, Services and/or Resources
The Services contain links to third-party websites, services and/or resources. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, services and/or resources and acknowledge such use is subject to any terms of use of those websites, services and/or resources.
8. Termination
We may terminate your access to the Site, at our sole discretion, at any time and without notice to you. IDEO shall not be liable if, for any reason, the Site is unavailable at any time or for any period. Upon any termination, discontinuation or cancellation of Services or your access to the Site, all provisions of this TOU which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
9. Disclaimer
The Site may include technical inaccuracies or typographical errors. IDEO may make changes or improvements at any time without notice. The Courses, Materials, information and Services on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, IDEO provides the Site on the basis that IDEO excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for this TOU might have effect in relation to the Site.
10. Liability
If you are an entity, organization, or company, you take full responsibility for your employees or agents who may use the Site or Services and you indemnify IDEO against any claim resulting from your employee’s breach of this TOU.
To the maximum extent permitted by applicable law, IDEO and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the Site, any websites linked to the Site, the Courses, or the Material, including but not limited to loss or damage due to viruses that affect your computer equipment, devices, software, data or other property on account of your access to, use of or browsing the Site, uploading Submitted Content, or your accessing or using any Submitted Content, Courses or Materials from the Site or any website linked to the Site.
IN NO EVENT WILL IDEO'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THIS TOU, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED USD $25. YOUR ACCESS TO THE SITE IS MADE ON IDEO’S RELIANCE ON THE LIMITATIONS OF DAMAGES SET FORTH ABOVE, WHICH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IDEO.
Nothing in this TOU shall exclude or limit IDEO's liability for (i) fraud, willful misconduct or gross negligence; (ii) death or personal injury caused by IDEO's negligence; or (iii) any liability which cannot be excluded or limited by law.
11. Governing Law and Jurisdiction
This TOU and the Privacy Policy are governed by and shall be construed in accordance with the laws of the State of California, USA, excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Site, Services, or Materials, may only be brought by you in a state or federal court located in the Northern District of California. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE NORTHERN DISTRICT OF CALIFORNIA.
12. General Provisions
This TOU and IDEO’s Privacy Policy constitute the entire and exclusive understanding and agreement between IDEO and you regarding the Services and the Site, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between IDEO and you regarding the same. If for any reason a court of competent jurisdiction finds any provision of this TOU invalid or unenforceable, such provision will be deemed omitted and the other provisions of this TOU will remain in full force and effect.
You may not assign or transfer this TOU, by operation of law or otherwise, without IDEO's prior written consent. Any attempt by you to assign or transfer this TOU, without such consent, will be null and of no effect. IDEO may freely assign or transfer this TOU without restriction. Subject to the foregoing, this TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by IDEO under this TOU, including those regarding modifications to this TOU, will be given: (i) by IDEO via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
IDEO's failure to enforce any right or provision of this TOU will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IDEO. Except as expressly set forth in this TOU, the exercise by either party of any of its remedies under this TOU will be without prejudice to its other remedies under this TOU or otherwise.
13. Contact Information
If you have any questions about this TOU or the Services, please contact IDEO at experiments@ideo.com. If you have questions about the Privacy Policy, please contact IDEO at privacynotice@ideo.com. If you desire to notify IDEO concerning copyrighted material on the Site, please contact IDEO at copyright@ideo.com.