TERMS OF USE
1. Acceptance of Terms of Use.
Ideas by Millan (“we” or the “Site”) has created this Terms Of Use. By accessing, viewing or using any Service from IdeasbyMillan.com you expressly accept and agree to be legally bound by and comply with all of the terms and conditions set forth here, as well as the following legal notices:
Privacy Policy.
To view these legal notices, please click on the title of each notice above.
If you do not agree to the terms and conditions presented here or in the legal notices, you may not access or otherwise use any service provided on this site or any domain/sub-domain of IdeasbyMillan.com. These terms apply to all visits to this Site.
IdeasbyMillan.com reserves the right in its sole discretion, to update or revise the Terms of Use, and any other policies, at any time. Please check back regularly for changes and updates. Your continued use of any Service or Content of IdeasbyMillan.com following the posting of any changes or updates to the Terms of Use constitutes your acceptance of such changes and updates.
2. Definitions
The terms “we” and “Site” and “Ideas by Millan” means IdeasbyMillan.com and any of its subdomains, and/or any site created by Ideas by Millan.
The term “Service” means any online service provided now or that will be provided in the future by/through IdeasbyMillan.com, including, without limitation, weblogs, email, online web calendar service, game sites, eCard services, forums, chat rooms, bulletin boards, message boards, videoblogs, social networking services, and shopping sites and channels.
The term “Content” means any and all information, data, material, work, text, message, communication, images, videos, audios, programs, software, and merchandise provided or channeled by IdeasbyMillan.com.
The term “User” means you or any other person who accesses or uses IdeasbyMillan.com’s Services or Content, regardless of whether you or such other person has an account with IdeasbyMillan.com.
The term “Member” means a User who has registered with IdeasbyMillan.com in order to access and use a Service that requires registration.
The term “User Posting” means any information, data, material, work, text, message, communication, image, video, audio, program, software, or merchandise posted, submitted, displayed, exhibited, uploaded, distributed, transmitted, offered, or provided by a User on or via IdeasbyMillan.com or through use of any of its Services including, without limitation, weblogs, email, online web calendar service, game sites, eCard services, forums, chat rooms, bulletin boards, message boards, videoblogs, social networking services, and shopping sites and channels.
The term “Ideas by Millan Related Parties” means, collectively, IdeasbyMillan.com, subsidiaries and affiliates, and their respective agents, representatives, employees, officers, directors, shareholders, members, owners, partners, licensors, licensees, sponsors, suppliers and contractors.
3. Ability to Accept Terms of Use
As a condition of your use of any Service or Content of IdeasbyMillan.com, you represent and warrant that you are: (a) more than 18 years of age, or an emancipated minor, or a minor with parent or gurdian consent, and (b) fully able and competent to understand, assent to, and enter into the Terms of Use, and to abide by and comply with the Terms of Use.
Your registration and membership, if any, may be cancelled or terminated without warning, if we have any reason to believe that you may be under the age of 13. In any case, no one under age 13 is allowed to provide any personal information on this site or any Service or Content provided by the domain of IdeasbyMillan.com.
4. Right to Terminate
Any violation of the Terms of Use by a User or Member may result in civil or criminal liability, and IdeasbyMillan.com may immediately terminate permission for any User or, if necessary, for all Users to use its Services or Content. IdeasbyMillan.com reserves the right, but has no obligation, to terminate or remove any Content or User Posting that, in its sole judgment, violates the Terms of Use or any applicable law, or may expose or subject IdeasbyMillan.com to liability of any kind, or may adversely affect the reputation or goodwill of IdeasbyMillan.com.
Please note that a violation of the Terms of Use by someone having only indirect access to a Service through a Member of such Service will be considered a violation by the Member, whether or not the violation is with or without with the knowledge or consent of the Member.
5. Right to Investigate
IdeasbyMillan.com may investigate any suspected or alleged violation of the Terms of Use and cooperate with law enforcement authorities and/or third parties in such investigation.
You hereby waive and agree not to assert any claims against Ideas by Millan Related Parties based upon any investigation by IdeasbyMillan.com or law enforcement authorities, or any action taken in connection with or as a result of such investigation.
6. Right to Disclose
You understand and agree that IdeasbyMillan.com has the right at all times to disclose the identity of a User or the source of a User Posting in connection with internal inquiries in connection with any abuse of the Service, law enforcement authorities’ investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
7. Prohibited Use and Reporting Abuse
IdeasbyMillan.com does not permit or tolerate any illegal, abusive, harmful or improper use of its Services or Content, or any use that interferes with other Users’ enjoyment of its Services or Content. If you believe that you have been a victim of any such conduct that is described below, please email admin@IdeasbyMillan.com with the subject “Abuse”.
IdeasbyMillan.com specifically prohibits the following activities for any Services or Content:
(a) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that is unlawful, harassing, stalking, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, vulgar, profane, racist, discriminating, or otherwise objectionable or offensive;
(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or other intellectual property or proprietary right of any person or entity, including, without limitation: (i) copying, reproducing, displaying, exhibiting, performing, transmitting, sharing or distributing any copyrighted work or material without permission or consent from the copyright owner; (ii) providing information, software, programs or tools that enable circumvention of manufacturer-installed copy-protected devices; (iii) providing pirated music, movies, video or software, or links to pirated music, movies, video or software; (iv) posting or distributing video, photographs, or images of another person without his or her consent (or in the case of a minor, the minor’s legal guardian); and (v) disseminating or transmitting private, confidential or proprietary information or material that you do not have permission or a right to disseminate or transmit;
(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that violates or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, or under false pretense, or through “phishing”;
(e) Collecting, storing, posting, transmitting or soliciting personal information about persons under the age of 18;
(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, bugs, worms, codes, files or programs;
(g) Promoting or soliciting involvement in or support of a political platform, religion, cult or sect;
(h) Promoting or soliciting gambling or engaging in any gambling or similar activity;
(i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
(j) Gaining or attempting to gain unauthorized access to any Service, profiles, blogs, chat rooms, communities, or account information, or providing, soliciting or exchanging other Users’ passwords or personal identifying information for commercial or unlawful purposes;
(k) Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity, including, without limitation, any of Ideas by Millan Related Parties;
(l) Engaging in any act to deceive or mislead, including, without limitation, (i) falsifying User information; (ii) forging or otherwise manipulating headers or other identifying information in order to disguise the origin of any User Posting; (iii) using invalid or non-existent domain names or other means of deceptive addressing in User Postings; and (iv) relaying email or other material in an anonymous fashion, relaying email or other material from any third party’s server without that third party’s permission, or using similar techniques to hide or obscure the source of email or other material;
(m) Transmitting or distributing “junk mail,” “chain mail” or “chain letters,” or engaging in unsolicited mass emailing, “spamming” or “spimming,” or making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes” and “ponzi schemes”;
(n) Engaging in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(o) Disrupting or interfering with other Users’ use of any Service or Content or any system or network, including, without limitation, (i) making “denial of service” attacks against another system or network host or another User; (ii) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network; and (iii) without permission from the owner or host of a system or network, accessing such system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of such system or network, or breaching the security or authentication routines of such system or network;
(p) Reselling or attempting to resell any Service without IdeasbyMillan.com’s prior authorization; and
(q) Any other activities that IdeasbyMillan.com determines, in its sole discretion, are illegal, abusive, harmful or improper.
8. Proprietary Rights
You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to IdeasbyMillan.com or to its subsidiaries, affiliates, licensors or business partners. Except as expressly authorized by IdeasbyMillan.com, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media, other than (i) printing or downloading for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content; and/or (ii) as expressly authorized by IdeasbyMillan.com. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of IdeasbyMillan.com is prohibited. In addition, use of any Content for any purpose not expressly permitted in these Terms of Use is prohibited.
9. Third Party Trademarks
All other trademarks and service marks appearing on IdeasbyMillan.com are the property of their respective owners.
10. Third Party Websites
IdeasbyMillan.com provides links to certain third party websites for your convenience only. These sites are owned or controlled by third parties unrelated to IdeasbyMillan.com. Therefore, IdeasbyMillan.com does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. Also, by merely linking to a third party site, IdeasbyMillan.com by no means sponsors, endorses, approves or recommends such third party site, or any information, material, views, opinions, products or services posted, offered or advertised on such third party site. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will IdeasbyMillan.com be liable in any way for any information or material contained in any third party sites linked to or from IdeasbyMillan.com. IdeasbyMillan.com is not responsible for any errors or omissions associated with such third party sites, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
11. Advertisers
IdeasbyMillan.com allows certain third parties to place, display, serve or sponsor advertisements on the Site. Your communication or business dealings with, or participation in promotions of, such advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that IdeasbyMillan.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
12. User Postings
(a) For any User Postings made by you, you hereby grant to IdeasbyMillan.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to use, copy, reproduce, display, exhibit, perform, adapt, modify, distribute and promote such User Postings worldwide in any media now known or hereafter developed, by any means and for any purpose. You agree that you will be solely responsible for any User Postings made by you. You hereby represent and warrant that you own or otherwise control all of the rights in and to such User Postings and that no use of such User Postings by IdeasbyMillan.com will infringe or violate any person’s or entity’s copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law.
IdeasbyMillan.com reserves the right, at any time and in its sole discretion, but has no obligation, to remove, delete, block, disable or deny access to any User or any User Postings made by you that, in its sole judgment, violates these Terms of Use or any applicable law, or may expose or subject IdeasbyMillan.com or Ideas by Millan Related Parties to liability of any kind, or may adversely affect the reputation or goodwill of IdeasbyMillan.com or Ideas by Millan Related Parties.
(b) You acknowledge that when you post or submit information about yourself to the public areas of IdeasbyMillan.com, your information may be seen and used by any other visitor to such public areas. It may also be possible for others to obtain personal information about you due to your use of a Service, and that the recipient may use such information to harass or harm you. IdeasbyMillan.com does not approve of such unauthorized uses but by using the Site you acknowledge and agree that IdeasbyMillan.com is not responsible for others’ use or misuse of any personal information, data or material about you, your family or your friends that you post or allow others to post on the Site.
Please carefully select the type of information that you post or display on IdeasbyMillan.com.
(c) You acknowledge that by utilizing IdeasbyMillan.com, you may be exposed to user postings that you find to be offensive, indecent, or objectionable or that are erroneous, inaccurate or misleading, and you bear all risks associated with your use of or reliance upon such user postings. IdeasbyMillan.com has the right, but not the obligation, to (i) deny access to any user who violates the terms of use or any applicable law and/or (ii) remove any user posting that, in its sole judgment, violates these terms of use or any applicable law, or is otherwise objectionable, or may expose or subject ideasbymillan.com to liability of any kind, or may adversely affect the reputation or goodwill of IdeasbyMillan.com.
Under no circumstance will IdeasbyMillan.com bear any risk associated with your use of or reliance upon any user posting. IdeasbyMillan.com is not responsible for any errors or omissions associated with any user postings, or for any loss or damage of any kind arising as a result of your use of or reliance upon any user postings.
(d) If you do send us, or post or transmit on or through the Site or any Service, any unsolicited ideas, suggestions or materials, you agree that such ideas, suggestions or materials, upon submission, shall become the property of IdeasbyMillan.com, and that IdeasbyMillan.com and Ideas by Millan Related Parties shall be free to use, disclose, publish, distribute and otherwise exploit such ideas, suggestions or materials, without restriction, limitation or obligation of any kind whatsoever, and for any purpose whatsoever, commercial or otherwise, all without compensation, credit or attribution to you.
(e) In the event that we request or solicit submissions from Users, such as video submissions as part of a promotion on the Site. You agree that by posting or submitting such solicited Content (each, a “Submission”) or engaging in any form of discussion, dialogue or other communication (each, a “Communication”) with us through these pages, you hereby grant to IdeasbyMillan.com and Ideas by Millan Related Parties a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to: (i) use, copy, sublicense, display, perform, adapt, modify, publish, distribute, advertise, promote, transmit, create derivative works based upon, and otherwise exploit, commercially or otherwise, any such Submission or Communication; and (ii) sublicense to third parties the unrestricted right to exercise any of the above rights.
(f) You understand and agree that IdeasbyMillan.com and Ideas by Millan Related Parties are under no obligation to you of any kind with regard to any Submission or Communication posted or uploaded by you now or in the future. IdeasbyMillan.com reserves the right, at any time and in its sole discretion, but has no obligation, to remove, block, deny access to, or refuse to post any Submission or Communication that, in its sole judgment, violates these Terms of Use or any applicable law, or may expose or subject IdeasbyMillan.com to liability of any kind, or may adversely affect the reputation or goodwill of IdeasbyMillan.com. IdeasbyMillan.com also reserves the right, at any time and in its sole discretion, to use and disclose any Submission or Communication as may be necessary to comply with any law, regulation, governmental request, or court order.
13. Notice of Copyright Infringement
If you believe that your rights under U.S. copyright law have been infringed by any Content or User Posting, or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please email admin@ideasbymillan.com with the subject “Copyright Infringement”
14. Password Security and Privacy
When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify IdeasbyMillan.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of and activities on your account, including uses and activities by those whom you authorize or share your password with.
IdeasbyMillan.com is committed to respecting your privacy and your need to protect personal information that you share with us. To view our policy regarding your privacy, please click on Privacy Policy.
15. Social Networking
IdeasbyMillan.com may offer an online social networking service that allows Users (upon registration) to post personal profiles and network with friends. Use of this Service is subject to certain special terms and conditions. To view these terms and conditions, please click on Social Networking Service Membership Agreement found on such page and Ideas by Millan Community Guidelines.
16. Disclaimer of Warranties
Providing accurate information is the goal of this site, but it is not reviewed by anyone. Ideas by Millan may update or make corrections to any Content at any time. Our goal is to provide Content and Services with useful information that is based to the best of our knowledge. Ideas by Millan is for general informational, educational and entertainment purposes only, and does not intend to advise, instruct or make recommendations with respect to any particular subject, matter, material, problem, situation or individual this includes, but is no limited to: Business and Financial Related Pages, Health Related Pages. Please use your discretion before taking any decisions based on Content on this Site.
In addition, you also expressly understand and agree that:
(a) All Services and Content are provided “as is” and “as available,” without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, IdeasbyMillan.com disclaims any and all warranties, express or implied, with respect to any and all Services and Content, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, and warranties of title and non-infringement. IdeasbyMillan.com does not warrant or guarantee the availability, accessibility, completeness, correctness, accuracy, usefulness, timeliness, reliability or safety of, or the results of your use of or reliance upon, any Service or Content.
(b) Ideas by Millan also does not warrant or guarantee that all services and content will be available at any particular time or location; that any defects or errors will be corrected; or that all content is free of viruses or other harmful components.
(c) Your use of or reliance upon any service or content is entirely at your own risk. Without limitation, IdeasbyMillan.com is not responsible for others’ use or misuse of any personal information, data, photographs, videos, audios, or other material about you, your family, or friends that you post or allow others to post on IdeasbyMillan.com. We recommend that you use discretion when posting any such information. likewise, IdeasbyMillan.com is not responsible for your exposure to any content or user posting that is offensive, indecent or otherwise objectionable to you or to others.
(d) Any action or non-action based upon any Content in these pages is solely at your own risk and under no circumstances will IdeasbyMillan.com be liable in any way with regard thereto.
17. Limitation of Liability
Ideas by Millan.com and its Authors will not compensate anyone and will not be liable for any errors, omissions, or delays of information, any losses, injuries, damages arising from this Site’s Content and/or Services, display, or use.
In addition, you also expressly understand and agree that:
(a) In no event shall Ideas by Millan or any Ideas by Millan Related parties be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages, including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business goodwill or opportunity that may arise from or in connection with your use of, your inability to use, or your reliance upon, any service, content or User Posting, regardless of whether or not Ideas by Millan or any Ideas by Millan Related Parties have been advised of the possibility of such loss or damages.
(b) In no event shall Ideas by Millan or any Ideas by Millan Related Parties’ be in total liability to you for any and all claims relating to your use of, your inability to use, or your reliance upon, any Service, Content or User Posting, exceed the amount paid, if any, by you to IdeasbyMillan.com for any Service or Content during the term of your membership. As of today there is no fee or charge for any Service or Content provided to our Users.
(c) Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you.
18. Indemnification
You agree to defend, indemnify and hold IdeasbyMillan.com and all Ideas by Millan Related Parties harmless from and against any and all claims, causes of action, demands, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and legal costs, arising from or in connection with:
(a) Your use of, your inability to use, or your reliance upon, any Service, Content or User Posting.
(b) Any User Postings made by you.
(c) Your breach of any of your representations, warranties, or agreements contained here, or your violation of any of the Terms of Use. IdeasbyMillan.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with IdeasbyMillan.com in asserting any available defenses.
19. International Use
IdeasbyMillan.com makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States of America. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
20. Miscellaneous
These Terms of Use and the mentioned Legal Notices constitute the entire agreement between you and IdeasbyMillan.com concerning your use of the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and IdeasbyMillan.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Any similarity of this site and its content to another site is a coincidence.
This policy was last updated on July 04, 2009.
© 2009 Ideas by Millan
Unauthorized duplication or publication of any images and/or text from on this Site is prohibited.
