Terms of service

Thank you for using IdeaWhim.

IdeaWhim is a creative and ideation service company operated by Propel Enterprises, LLC. (“IdeaWhim", “we”, “us” and/or “our”). Our services, and information about our company, are accessed by our users (“you”, “your”) through your mobile device and our website www.IdeaWhim.com (the “Site” or the “Application”, and together with the related services, the “Services”). 

These Terms of Service (“Terms”) govern your access to and use of the Services, so please read them carefully before using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. As our business grows and we add new functionality to the Services, we may revise these Terms periodically. If we do, we will post the changes here and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Services after any changes are posted constitutes your acceptance of the new Terms.

In order to access or use the Services, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password, should that be required. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify IdeaWhim immediately of any unauthorized use of your account or any other breach of security.

You may use the Services only if you can form a binding contract with IdeaWhim and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services may include advertisements, which may be targeted to the information on the Services, queries made through the Services, patterns and behavior, or other information. The types and extent of advertising by IdeaWhim on the Services are subject to change. In consideration for IdeaWhim granting you access to and use of the Services, you agree that IdeaWhim and its third party providers and partners may place such advertising on the Services.

The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Please backup your data as IdeaWhim has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. IdeaWhim reserves the right to terminate accounts that are inactive for an extended period of time and reserves the right to withhold any IdeaWhim creative ideas and content from any person, company, or entity that has not paid for IdeaWhim Services.

You acknowledge and agree that we may use data capture, analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of the Services. If you object to any of the foregoing, your sole recourse is to stop using the Services.

You agree to not use the Services to post or transmit any content that is unlawful, threatening, contains software viruses or in a way that, in the sole judgment of IdeaWhim, restricts or inhibits any other person from using or enjoying the Services, or which may expose IdeaWhim or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.

The Services contain content (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by IdeaWhim or these Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services is the property of IdeaWhim, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

The IdeaWhim and Propel Enterprises names and logos are trademarks and service marks of IdeaWhim (collectively the “IdeaWhim Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to IdeaWhim. You may not use any of IdeaWhim Trademarks without our prior written permission.

If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content, provided that you keep all copyright or other proprietary notices intact. Provided you comply with the provisions of these Terms, you do not need pre-approval to quote Services Content, provided, however, that the following disclaimer must be included in any quote, excerpt, graphic or copy of the Services Content, in a format that is prominent, legible and can be readily viewed by the reader thereof:

All statements herein attributable to IdeaWhim (IdeaWhim.com) (“IdeaWhim”) represent [Enter User’s Name] interpretation of data, creative ideas, concepts, research or viewpoints published as part of a paid service by IdeaWhim, and have not been reviewed by IdeaWhim. Each IdeaWhim publication speaks as of its original publication date (and not as of the date of this [_______]).

Quotes, excerpts, graphics and copies must be attributed to content published on the Site, with a hyperlink to the source of such quote, excerpt, graphic or copy on the Site. Quotes found in media or third-party sources are not allowed. All excerpts must be lifted verbatim, in their entirety, without paraphrasing, and appear accurately with all relevant context. IdeaWhim creative and ideation content may not be used to criticize a customer's or vendor's competitor. Only quote from published content that is less than 12 months old. Quotes, excerpts, graphics and copies may contain no more than the greater of one paragraph of Services Content or 150 words.

While "IdeaWhim" may appear in the title/sub-title of your press release, newsletter or email subject line, you may not use these phrases in your title or subject line: "IdeaWhim Says" or "According to IdeaWhim" or any text that implies IdeaWhim is providing an endorsement.

You are solely responsible for the content and other materials you upload, publish, post or otherwise transmit on or through the Services, including text notes, photos, labels, and page tags (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant IdeaWhim and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicense-able, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.

We always welcome your comments, questions, suggestions and feedback about the Site or the Services (“Submissions”). But be aware that any comments or suggestions you make to IdeaWhim are non-confidential and become the property of IdeaWhim, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

IdeaWhim will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. IdeaWhim does not pre-screen third-party content, but IdeaWhim and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by IdeaWhim to be objectionable.

IdeaWhim respects the intellectual property of others, and we ask our users to do the same. IdeaWhim will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

IdeaWhim's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

• Copyright Agent
• IdeaWhim, LLC.
• 6697 So Red Shine Way
• Boise, ID 83709
• CopyrightAgent@ideawhim.com

In accordance with the DMCA and other applicable law, IdeaWhim has adopted a policy of terminating, in appropriate circumstances and at IdeaWhim's sole discretion, members who are deemed to be repeat infringers. IdeaWhim may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The Services may provide, or third parties may provide, links or otherwise direct users to sites and resources on the Internet. IdeaWhim has no control over such sites and resources and IdeaWhim is not responsible for and does not endorse such sites and resources. IdeaWhim will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.

By using the Services you agree to release, discharge and hold harmless IdeaWhim and its subsidiaries and affiliates (the “IdeaWhim Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

You must be 18 years of age to use the Services, with or without registering.

You agree to indemnify and hold IdeaWhim and the IdeaWhim Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another.

IdeaWhim is an online service and creative ideation tool used for business purposes only. Any services, content or information provided by IdeaWhim is provided on an "as is" basis and should not be relied upon as medical, legal, financial, technical, or any other professional advice or expertise. IdeaWhim will not provide you with any legal, financial, medical or other professional advice or services.

Any information obtained from IdeaWhim or any of our individual creators is intended to provide a basic foundation for knowledge and communication and a starting point for additional in-depth content refinement. Our creators are creators only and are not substitutes for professional advisors of any kind. Any conclusions drawn from the relied-upon sources are to summarize the sources for expedient, generalized answers to your questions and content, ideation, and creative requests.

In addition, we make no representations or warranties about the accuracy, completeness, quality, authenticity, timeliness, or relevancy of the sources relied upon by our creators. It is your responsibility to determine whether, how and to what extent your intended use of the information provided by IdeaWhim will be possible in the areas of the world and the individual situations in which you intend to use them. Before acting on any information provided by IdeaWhim, you should consider obtaining additional information and professional advice from professionally licensed individuals who are familiar with your local or individual circumstances.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDEAWHIM AND THE IDEAWHIM ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IDEAWHIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL IDEAWHIM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

You agree that IdeaWhim, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. IdeaWhim will not be liable to you or any third-party for any termination of your access to the Services.

The Terms, together with IdeaWhim’s Privacy Policy, constitute the entire agreement between you and IdeaWhim and govern your use of the Services, superseding any prior agreements between you and IdeaWhim with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You and IdeaWhim agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Ada County, Idaho. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of IdeaWhim to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

At IdeaWhim we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree to all provisions of the Privacy Policy.