Introduction and acceptance

Welcome to 5thidea.com. 5thideat.com (“Website”) is a service website operated by 5th idea (“us”, “we”, or “our”).

Please read these Terms of Use carefully before using the Website. By accessing and/or using the Website (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use, which may change from time to time. These Terms of Use require you to agree to arbitrate disputes rather than going to court, grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you.

Read them carefully and do not use the Website or purchase our products or services if you do not agree.

 

Website access and your use of the Services

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

You agree to cooperate fully with 5th idea to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

Intellectual property policy

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both, unless otherwise stated, in the case of third-party content.

Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both, unless otherwise stated, in the case of third-party content. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim regarding Copyright Infringement here: contact@5thidea.com

 

User submissions

We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant (and confirm and promise to us that you have the right to grant) to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, licence (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing licence shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy.

We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).

 

Your privacy and our Privacy Policy

You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, which can be found at 5thidea.com/privacy-policy and is incorporated into these Terms.

 

Links

The Services may contain links to third party websites, advertisers, services, or other content that are not owned or controlled by 5th idea. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from 5thidea.com, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service, or content.

 

Conditions for linking to our Website

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

 

Security

We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

 

Disclaimers

The services are provided “as-is” and “as available” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We (and our suppliers) make no warranty that the Website or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

 

Limitation of Liability

In no event will we (and our suppliers) be liable to you or any third party for any lost profit or any direct indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. Access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, to the extent that the liability disclaimer is not enforced, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) one hundred us dollars ($100) or (b) amounts you’ve paid 5th idea for the past six months for the services. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

 

Term and termination

These Terms are effective from the date that you first access the Services and will remain effective until terminated in accordance with these terms, except for those terms that survive termination.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate 5th idea to maintain or support the Services, or any part or portion thereof.

 

Indemnity

You agree to indemnify and hold 5th idea (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand due to or arising out of (a) your use of the Services, (b) your Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Governing Law and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Republic of Croatia, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the state courts located in Zagreb, Croatia. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

 

Changes to these Terms or the Services

We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.

 

Contact

The Services are provided by 5th idea. For any questions related to these Terms of Use, you can contact us by email at contact@5thidea.com